Randolph Premises Liability Attorney
If you were hurt on someone else’s property in Randolph, Massachusetts, you may be entitled to compensation from the person or business responsible for keeping that property safe. The Law Offices of Gerald J. Noonan represents injury victims throughout Randolph and the surrounding Norfolk County communities in slip and fall, negligent security, dog bite, and other premises liability claims. We work on a contingency fee basis, so you pay nothing unless we recover money for you. Call 508-588-0422 today for a free, no obligation case evaluation.
What Is Premises Liability Under Massachusetts Law?
Premises liability is the legal principle that property owners, tenants, and businesses have a duty to keep their property reasonably safe for the people who come onto it. Massachusetts law is somewhat unusual in this area. Rather than sorting visitors into categories like “invitee” or “licensee” and applying a different duty of care to each one, the Massachusetts Supreme Judicial Court established in Mounsey v. Ellard that anyone lawfully on a property, whether a paying customer, a social guest, or someone simply crossing a parking lot, is owed the same basic duty of reasonable care. The main exception is trespassers, who are owed a lesser duty, although Massachusetts law still protects children who wander onto a property because of an attractive hazard like a pool or a construction site.
In practice, this means a Randolph property owner cannot avoid responsibility simply by arguing that you were a “licensee” rather than an “invitee.” If the owner knew, or reasonably should have known, about a dangerous condition and failed to fix it or warn you, they can be held liable for your injuries.
Common Premises Liability Accidents We Handle for Randolph Clients
Property owners are responsible for a wide range of hazards, and our firm handles the full spectrum of premises liability claims in Randolph, including:
Slip and Fall Accidents
Wet floors, icy sidewalks and parking lots, torn carpeting, and uneven pavement cause some of the most common premises liability injuries we see. Massachusetts law no longer allows a property owner to escape liability by claiming that ice or snow accumulated “naturally.” Since the Supreme Judicial Court’s 2010 decision in Papadopoulos v. Target Corp., property owners in Randolph have the same duty to clear snow and ice as they do to fix any other dangerous condition. Learn more on our Randolph slip and fall lawyer page.
Negligent and Inadequate Security
Apartment complexes, parking lots, and retail properties in Randolph have a duty to provide reasonable security, such as working exterior lighting and functioning locks, when they know or should know that crime is foreseeable. If you were assaulted or robbed because a property owner ignored known security problems, you may have a negligent security claim.
Dog Bites and Animal Attacks
Massachusetts holds dog owners strictly liable for bite injuries in most circumstances under Massachusetts General Laws Chapter 140, Section 155, meaning you generally do not need to prove the owner was careless in order to recover compensation.
Falling Merchandise and Store Accidents
Improperly stacked shelves and store displays can cause serious injuries to shoppers in Randolph’s retail spaces.
Swimming Pool and Drowning Accidents
Property owners with pools have a heightened duty to secure them, particularly against young children.
Elevator and Escalator Accidents
Poorly maintained equipment in apartment buildings, retail centers, and commercial buildings can cause falls, entrapment, and other injuries.
Apartment and Rental Property Accidents
Landlords who fail to maintain common areas or remove snow and ice can be held responsible for injuries to tenants and visitors alike.
Why These Accidents Happen in Randolph
Randolph is a mix of established retail areas, like the shops along Memorial Parkway and South Main Street, and a substantial amount of rental housing, including apartment communities throughout town. That combination creates real opportunities for premises liability accidents: commercial parking lots and walkways that are not cleared quickly enough after a New England snowstorm, older rental properties where common area maintenance gets deferred, and busy retail spaces where spills and hazards are not addressed fast enough.
Who Can Be Held Liable for a Premises Liability Accident in Randolph?
Depending on where your accident happened, liability may rest with the property owner, a commercial tenant or business operating on the property, a property management or maintenance company, or, if you were hurt on a public sidewalk or municipal property, the Town of Randolph itself. Claims against a government entity come with a much shorter deadline, which we explain below.
Landlord Responsibilities for Rental Properties in Randolph
Massachusetts law places a non-delegable duty on landlords to maintain common areas of a rental property, including hallways, stairwells, parking lots, and walkways, and to keep those areas clear of snow and ice. Tenants are generally not responsible for conditions in shared spaces. If you were injured because a Randolph landlord let a common area fall into disrepair, we can help you pursue a claim. Disputes of this kind are often connected to matters heard in the Metro-South Housing Court’s Brockton session, which serves Randolph.
What Compensation Can You Recover?
- Medical expenses, both past and future
- Lost wages and reduced earning capacity if your injury affects your ability to work
- Pain and suffering
- The cost of long term care or rehabilitation
- Loss of enjoyment of life that comes with a serious or permanent injury
How Long Do You Have to File a Premises Liability Claim in Massachusetts?
In most cases, Massachusetts law gives you three years from the date of your injury to file a premises liability lawsuit. If your claim involves the Town of Randolph or another government entity, the deadline is much shorter. You are generally required to send a formal presentment letter within two years of the accident, and missing that deadline can prevent you from recovering compensation altogether, even if you are still within the three year window. Because these deadlines can be easy to miss, it is best to speak with a lawyer as soon as possible after your accident.
What If I Was Partly at Fault? Comparative Negligence in Massachusetts
Massachusetts follows a modified comparative negligence rule. If you are found partially responsible for your own accident, your compensation is reduced by your percentage of fault, and you are barred from recovering anything only if you are found more than fifty percent at fault. In other words, being partly to blame does not automatically disqualify you from receiving compensation.
Frequently Asked Questions About Randolph Premises Liability Claims
Can I sue if I was hurt at a store or shopping center in Randolph?
Yes. Retail and commercial property owners have a duty to keep their premises reasonably safe for customers, and can be held liable for injuries caused by hazards they knew about or should have discovered.
What if I was injured at my apartment complex? Can I sue my landlord?
In many cases, yes. If your injury happened because a landlord failed to maintain a common area, such as a hallway, stairwell, or parking lot, or failed to clear snow and ice, you may have a valid claim against them.
Do I have a case if the property owner says they did not know about the hazard?
Possibly. You do not always have to prove the owner had actual knowledge of the hazard. If the danger existed long enough that a reasonably careful property owner should have discovered and fixed it, you may still have a claim.
What court will my premises liability case be filed in?
Depending on the value of your claim, your case may be filed in Quincy District Court or Norfolk Superior Court in Dedham. Our attorneys will determine the appropriate venue based on the facts of your case.
How much does it cost to hire a premises liability lawyer?
We handle premises liability cases on a contingency fee basis, which means you pay no attorney’s fees unless we recover compensation on your behalf.
What should I do right after getting hurt on someone else’s property?
If you are able, photograph the hazard that caused your injury, report the incident to the property owner or manager, seek medical attention, and avoid giving a recorded statement to the property’s insurance company before speaking with a lawyer.
How Our Randolph Premises Liability Lawyers Build Your Case
From the moment you hire our firm, we move quickly to preserve evidence, including surveillance footage and incident reports that can disappear or be overwritten within days of an accident. We identify every party who may be responsible for your injury, review the applicable insurance policies, and work with medical providers and expert witnesses to fully document the extent of your injuries. We prepare every case as though it will go to trial, which gives us the leverage to negotiate strong settlements and the readiness to fight for you in court if the insurance company will not offer a fair resolution.
Contact a Randolph Premises Liability Lawyer Today
If you were injured on someone else’s property in Randolph, do not wait to get legal help. The Law Offices of Gerald J. Noonan represents injury victims throughout Randolph and the surrounding area on a contingency fee basis, so there is no cost to get started and no fee unless we win. Call 508-588-0422 or fill out our online form for a free case evaluation.