In Massachusetts, the owner or occupier of property has a duty to keep the premises safe for visitors. When an owner fails to warn visitors of potential hazards on the property and you are hurt, you may have a claim for damages under premises liability. If you would like to file a lawsuit for compensation after getting injured on the property of another person, it is critical that you speak with a knowledgeable premises liability attorney right away in order to ensure that you receive the full and fair value of your claim.
What is Premises Liability?
Premises liability is also known as property negligence and refers to accidents that occur on public or private property of another person that result in injury or death. In Massachusetts, the owners and occupiers of land have a duty to maintain their premises in a reasonably safe condition and warn visitors of potentially hazardous conditions on the property. Premises liability cases can happen on all types of property, including but not limited to apartments, condominiums, private homes, retail stores, shopping malls, restaurants, hospitals, parking garages, offices, theaters, bars, warehouses, construction sites, parks, sidewalks, and boat docks.
Property owners and occupiers owe a different level of duty depending on the type of visitor that enters the property. Massachusetts law separates visitors into two types — legal entrants and trespassers. Legal entrants are all visitors who enter the property with right or permission, either actual or implied. Owners and occupiers of land are legally liable under premises liability if they fail to maintain the property in a reasonably safe condition. A trespasser is someone who does not have the right or permission to enter the property. However, even trespassers can bring a claim under premises liability if they are injured on the property due to the owner or occupier’s recklessness or willful and wanton misconduct. The most common example of this is setting a tripwire gun to shoot trespassers upon illegal entrance to the property.
Steps to Take After Getting Injured
There are a few steps that you should take right away if you are hurt on the premises of another person. The first and most important is to seek medical treatment right away. This is important for a number of reasons, including getting the treatment you need for your injuries and detection of any serious injuries that you might not be aware of, like internal bleeding. Another reason for immediate medical care is that it creates contemporaneous documentation about the extent of your injuries, which is helpful for your case.
Next, report the accident to the owner or occupier of the property. Put the details of the accident in writing and ask for an accident report from the other party, as well. Be sure to document everything about your case, including the date, address, time, weather conditions, and anything else relevant to your accident. Get the contact information of any witnesses so that your attorney can gather statements. Finally, hire an experienced premises attorney to handle your case.
Call or Contact a Lawyer
To learn more about premises liability claims, call or contact The Lion’s Law Office attorneys.