Store owners, restaurant owners, landlords, parking lot owners, business owners, along with the managers and owners of other private and public premises in Brockton, Massachusetts, have a legal obligation to maintain and secure their properties to ensure that there aren’t any hazardous or unsafe conditions that may cause harm or injury to guests, patrons, or residents.
Premises liability lawn holds the owners and managers of both public and private premises legally responsible if they neglect to fulfill this duty of care and a guest, patron, or resident gets hurt or dies, particularly when they should have been aware of the unsafe condition, but failed to do anything to remedy the situation.
If you had the misfortune of suffering injuries on someone else’s property due to the carelessness of the owner or manager of that property, you need to consult with the experienced Brockton premises liability lawyers at Law Office of Robert C. Shea, P.C. We can aggressively pursue any and all compensation you may be entitled to.
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What Is Premises Liability?
Premises liability refers to personal injury claims arising from injuries caused by a defective or dangerous condition on someone else’s property. Premises liability cases are typically based on the theory of negligence. Under premises liability claims, injured victims have to prove that the property owner or manager ignored a duty of care and negligently operated or maintained the property.
Do I Have a Premises Liability Claim?
To have a valid premises liability claim, you will be required to meet several standards as prescribed by the law. You will first need to prove that the accident occurred on the property and that it caused your injuries and you suffered damages too as a result.
You will need as much evidence as possible to strengthen your claim including photos of the unsafe property, medical and financial records relating to the injury, and eyewitness testimony about the accident. Reputable premises liability lawyers such as those at The Law Office of Robert C. Shea, P.C. can help you identify and collect the right evidence to support your claim.
Still, there are numerous components that determine whether or not you have a valid premises liability claim. One of the most important considerations is to identify the condition that caused the injury. Here are common unsafe conditions that may result in personal injuries:
- Inadequate lighting
- Broken steps, missing handrails, or slippery steps
- Building code violations
- Cracked, uneven, or icy walkways
- Improperly wired electricity
- Lack of adequate security personnel, systems, or other reasonable crime deterring measures
It is worth noting that having a valid premises liability claim doesn’t just depend on the injury having occurred on someone else’s property. The legal team at Robert Shea will work to show that the conditions responsible for your injury could have been repaired, prevented, or otherwise addressed.
What Are Common Injuries in Premises Liability Cases in Brockton, Massachusetts?
The most common types of accidents in Brockton, Massachusetts premises liability cases are:
- Slipping and falling on a wet surface
- Tripping on an unmarked step or uneven surface
- Structural failings leading to injury
- Elevator and escalator accidents
- Being hit by a falling object
- Faulty railings or stairs
- Children injured while playing in an unsafe area
Who Is Responsible for an Injury in a Premises Liability Case?
If you have been injured on somebody else’s property, it is critical that you can receive compensation to cover your current and medical future bills along with any lost wages or lost future earnings resulting from your injury. To prove your claim, the legal team at Robert Shea has to establish the following 4 facts:
The Defendant Owned the Property and Was Negligent
The defendant must be shown to have been the legal owner or manager of the property at the time of the injury. Not just that, but the defendant also must have been the one responsible for warning visitors or patrons of the hazardous conditions and/or fixing the problems and failing to do so.
You (the Plaintiff) Had Legal Grounds to be on the Property
You (the plaintiff) will also have to prove that you were legally authorized to be on the property. It is important for this to be the case since if you were a trespasser, the property owner or manager might not be obligated to compensate you for your injury or damages.
You (the Plaintiff) Suffered an Injury or Damages
It might seem like a no-brainer, but you are also required to show that you were injured due to a hazardous condition on the property as opposed to a pre-existing condition. Proving that can be done using photos, witness testimony, or other documentation of an injury.
The Defendant’s negligence Caused Your Injuries or Damages
You must prove that there’s a correlation between your injuries and damages and the defendant’s negligence. Simply put, the property owner or manager knew about the dangerous or hazardous condition on their property but failed to remove it or properly warn you about it, and you suffered injuries or damages as a result.
Premises liability claims aren’t the easiest to win. Property owners or managers can claim that you were trespassing on the property or that your injuries were caused by an obvious and open hazard, which essentially absolves them of responsibility.
If you don’t have an experienced premises liability lawyer representing your interests, it will be very difficult to get the right settlement or receive a favorable verdict. That’s why you need to get in touch with the legal team at Robert Shea today to represent you in your premises liability claim.
What If My Child Is Injured?
Children injured on another person’s property are treated differently under Massachusetts premises liability law. While an adult trespasser that’s injured on another person’s property is generally not entitled to seek damages for their injuries, property owners can be held liable for children’s injuries based on the “attractive nuisance” doctrine.
What Is an Attractive Nuisance?
Under the law, an attractive nuisance is something that’s both inviting and dangerous to a child. A property owner or manager can be held liable under premises liability law in case an attractive nuisance hurts a child, even if they were trespassers on the property. The reason for the law is simple: children are generally more curious and less likely to be capable of judging the hazard posed by a situation.
Property owners and managers are legally obligated to take extra precautions to protect children from hazards on their property that may be particularly attractive to children. Just posting warning signs isn’t enough to absolve property owners or managers of liability.
- Potential hazards should be secured in such a way that no child could possibly enter, or couldn’t hurt themselves. For instance:
- Hazards such as an open pit or well should be covered with something that a child cannot open or lift.
- Unused areas such as drained pools should be fenced and locked. The fence should be high enough to prevent a child from easily climbing it.
- Construction sites should be fenced to prevent the entry of children.
If your child was injured while trespassing on another person’s property, you should not assume that you cannot seek compensation. The issues surrounding the liability of property owners or managers for injuries suffered by children are fact-intensive and complex, which is why you need the assistance of an experienced lawyer such as those at Robert Shea today.
What If I Was Injured at My Workplace?
Owners or managers of residential or commercial properties have a duty to keep their property in a reasonably safe condition and provide sufficient warning to visitors of hazardous conditions. Under certain circumstances, persons that rent or lease a property have the same duty.
A visitor, under Massachusetts, is anybody that’s lawfully on someone else’s property. That may include, for instance, a guest visiting a friend’s home, a customer in a shop or supermarket, or a plumber visiting a client. Employees, however, are not considered visitors.
Employees in Massachusetts are generally prohibited from suing employers under premises liability law. Instead, workers’ compensation is used to compensate workers for any injuries suffered while engaging in work activities.
Still, many people that are injured on-the-job also have a third-party claim besides workers’ compensation if they are injured on someone else’s property. That means besides workers’ compensation rights, they can also sue for damages suffered.
Is There a Deadline for Filing a Premises Liability Claim?
Yes. Under Massachusetts law, you have just 3 years from the date of the accident to file a premises liability claim against the owner of the business or property where you were injured. If you wait too long to file the lawsuit, the court may dismiss your case permanently.
File Your Claim With Our Brockton Premises Liability Lawyers
Have you or a loved one been injured due to the irresponsible or negligent actions of a property owner or manager? Call on the reputable Brockton, Massachusetts premises liability attorneys at The Law Office of Robert C. Shea, P.C. to help you pursue the compensation you deserve. To set up your free initial consultation, call us today at 508-506-5681 or using the contact form provided.