Duties Of Property Owners And Premises Liability
Experienced Legal Representation Against a Negligent Property and Business Owners
Slip, falls and tripping accidents can result in severe and debilitating injuries — injuries that could lead to medical expenses, lost income, or, in more serious cases, serious spinal cord or traumatic brain injury requiring a lifetime of care.
Victims suffer all sorts of injuries from strains and sprains to fractures and concussions and even spinal cord or brain injuries in severe cases. Premises liability laws in Massachusetts hold negligent homeowners, business owners or cities and towns liable for injuries sustained from your slip and fall.
For decades the Law Offices of Gerald J. Noonan has been helping clients throughout south eastern Massachusetts secure fair financial compensation for injuries by holding the negligent property owners responsible for the unsafe property conditions they expose the public to.
Duty to Maintain
The Owner/occupier of land owes all lawful visitors a duty of care. You may bring a premises liability claim against the owner or occupier of the property for damages, if, while lawfully on that owner/occupier’s property, you are injured as a result of some defect that was known or foreseeable.
A land owner must maintain his property in a reasonably safe condition and acting as a reasonably prudent person must consider the likelihood of injuries to others, the seriousness of the potential injury and the burden of avoiding the risk. The landowner isn’t required to provide a place of maximum safety. The premises must be safe enough for any person who generally exercises a reasonable amount of care. In situations where a tenant is injured as a result of a defect on a rental property an additional claim for breach of implied warranty of habitability can be brought. The implied warranty suit will be brought against the landlord and will seek money damages.
When you enter a commercial business establishment like a supermarket, convenient store, restaurant or department store you shouldn’t have to keep your head down and eyes out for spills or slippery floors wet with cleaning detergents. Property and business owners have a duty to provide a safe environment for every customer and guest invited onto the property. Business owners must take steps to insure the property is maintained in a safe condition and must adequately warn guests of any unsafe or hazardous conditions on the premises.
Duty to Warn
The owner or occupier of land has a duty to warn people coming on his land of any danger or defect on the property that he knows of or should know of and that is unlikely to be discovered by the visitor. The degree of care a landowner or occupier must exhibit is determined by the type of visitor that is likely to frequent the property. Young children are naturally irresponsible and a landowner must take this into account if school children are frequent visitors.
However if the defect is open and obvious the landowner might not be held liable. The landowner might be relieved of liability for failure to repair, or warn of an open and obvious defect because if it is assumed that a person exposed to the open and obvious defect on the premises has adequate warning given the obviousness of the situation. Because the visitor knows the situation, the landowner can assume the visitor will take the necessary steps to ensure their own safety.
Gerald J. Noonan is a Massachusetts Slip and fall Lawyer that has over 3o years of legal and trial experience. Over the course of these three decades attorney Noonan has helped countless slip and fall victims receive the financial compensation they deserve. A negligent property owner that exposes someone to such hazardous conditions should be the one that has to pay for the medical bills and pain and suffering endured because of his lack of care. Attorney Noonan firmly believes this and he will zealously pursue your interests.
Some Common Places Where Slip and Falls Occur
- Collapsing Balcony, Porch, Deck Accident
- Slip and Fall Accidents in Malls, Outlets and Shopping Centers
- Slip and Falls in Convenience Stores
- Slip and Falls in Fast Food Restaurants
- Slip and Fall Accidents Due to Inadequate Lighting
- Slip and Fall Accidents on Icy Sidewalks
- Slip and Fall Accidents on Wet or Slippery Floors
- Slip And Fall On Snow And Ice
- Slip and Falls/Premises Liability in Supermarkets and Grocery Stores
- Slip, Trip Or Fall Down A Staircase
Why They Occur
- Foreign substances on the floor
- Wet, slippery, or sticky floors
- Unnatural accumulation of snow/ice
- Faulty lighting
- Faulty railings or guardrails
- Faulty stair case
- A loose floor board
- Pot holes and sink holes
- Uneven sidewalks
Boston Property Owner Negligence Accident Claim Attorney
Helping the Injured in Greater Boston Area and all of Southeast Massachusetts
Our law firm has been successfully battling insurance companies for years. Insurance companies know it is our job to make sure property holders are held accountable for their negligence and they take us seriously. Our knowledgeable and experienced Greater Boston Personal Injury Attorneys are available to assist clients throughout all of Southeast Massachusetts in premises liability accident claims due to property owner negligence.
No matter where you are located, we are just a phone call away. Call our attorneys today now to schedule a free no-obligation case review and consultation at (508) 588-0422 and you will have taken your first step to find out how best to confront this important matter. You can also click here to use our Free Case Evaluation Form.