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Proving Fault in a Massachusetts Premises Liability Claim

When you have suffered a Massachusetts personal injury on someone else’s unsafe Massachusetts property, you must be able to demonstrate several things in order to have a meritorious Massachusetts negligent property maintenance personal injury liability claim. Massachusetts personal injury victims must show that the Massachusetts property owner had a duty to ensure safety; that an accident occurred because the Massachusetts property owner was negligent in the performance of his or her duty; that the accident would not have occurred but for the Massachusetts property owner’s negligence; and that the injuries sustained were a direct result of the Massachusetts property owner’s negligence.

Perhaps the easiest thing for a Massachusetts premises liability accident victim to prove is the injury. Far too frequently, Massachusetts premises liability accidents, especially Massachusetts construction site accidents and Massachusetts assaults as a result of negligent security, result in catastrophic injuries. In those cases, the damages are obvious. In other Massachusetts premises liability accidents, the injuries sustained may be less severe or may have healed since the accident. In such cases, Massachusetts injured victims may need to obtain evidence, such as medical records, photographs and witness statements, to corroborate the injury.

In order to have a successful Massachusetts premises liability case, it must be proven that a Massachusetts property owner breached a duty to reasonably maintain the property. Massachusetts land owners and possessors owe all visitors a legal duty of reasonable care to maintain the premises in a safe condition. This legal duty means that a Massachusetts property owner must take all reasonable steps, including making repairs and maintenance, to keep his or her premises in a reasonably safe condition. When maintaining his or her property, the Massachusetts property owner must consider the likelihood of injuries to others, the severity of these potential injuries and the burden of avoiding the risks. The Massachusetts landowner is not required to provide a place of maximum safety. The Massachusetts property and land must be safe enough as the circumstances reasonably indicate.

The Massachusetts land owner also owes all Massachusetts visitors a duty to warn. This means that if the property owner is aware of a defective or dangerous condition on his or her premises that cannot be reasonably fixed, he or she must disclose this danger to all Massachusetts residents who enter the premises. A hazardous condition may be created by water, ice, snow, uneven or broken flooring, gaps in the floor, faulty lighting, unmarked stairways and many other conditions. A dangerous condition may also be created by a Massachusetts defective product on the premises that can cause injury. Once a visitor has been made aware of the dangerous situation, the Massachusetts landowner can assume that the visitor will take the necessary steps to provide for their own safety. However, if a Massachusetts property owner fails to warn, they could be held liable under Massachusetts law for any injuries sustained due to the dangerous condition.

Once it is proven that a legal duty existed under Massachusetts law, it must be proven that the Massachusetts property owner breached this legal duty, in other words, that he or she failed to exercise a reasonable level of care. In Massachusetts, factors determining what is “reasonable” include whether the accident was foreseeable, whether the property owner took measures to prevent injury and whether visitors were warned of potential hazards. If it is found that the Massachusetts property owner did not do one or more of these things, they will be found negligent in a Massachusetts premises liability case and will be held liable for damages. In some situations, the Massachusetts injured victim may be found to share some degree of negligence with the Massachusetts property owner. When this happens, the damages resulting from the Massachusetts premises liability accident injuries may be adjusted to reflect the degree of his or her own fault.

Premises liability laws in Massachusetts hold negligent Massachusetts homeowners, Massachusetts business owners and Massachusetts governmental entities liable for injuries sustained as a result of a Massachusetts premises liability accident. Proving negligence, however, can be extremely complex and confusing. You do not have to do it alone. The expert Boston commercial property injury liability attorneys and Boston residential property injury liability attorneys at the Law Offices of Gilbert R. Hoy, Jr. and Affiliates are very familiar with the intricacies of Massachusetts premises liability law. Our experienced Boston, MA personal injury lawyers and Boston, MA wrongful death lawyers have helped clients throughout Massachusetts secure fair financial compensation for their injuries by holding the negligent Massachusetts property owners responsible for the unsafe property conditions to which they expose the public. Call our expert Massachusetts personal injury lawyers or expert Massachusetts wrongful death attorneys today at 617-787-3700 or email us at to schedule a free and confidential review of your Massachusetts premises liability case.

If You Have Been Injured On Someone Else’s Property, Call the Boston, MA Premises Liability Lawyer Experts at the Law Offices of Gilbert R. Hoy, Jr. and Affiliates 24/7 at 617-787-3700 or Email Our Massachusetts Slip and Fall Accident Attorney Specialists at for a Free and Confidential Consultation.