Premises liability: Your Rights Under Massachusetts law
Massachusetts premises liability law is a type of personal injury law in which a property owner may be liable for accidents and injuries that occur on his or her property. Simply put, premises (a rented apartment or a commercial establishment are examples) must be well maintained, so they are safe to use and will not cause an accident.
“Premises liability” as a phrase covers any type of injury or accident that was caused by insufficiently maintained property. It can include a slippery floor, such as in a grocery store or eating place, snow or ice that has not been shoveled or removed properly and in a reasonable period of time, broken stairs or sidewalks, or inadequate lighting that caused an accident. (The range of potential situations is very wide and this is not an inclusive list.)
Under the law, a property’s owners are responsible for any injuries or accidents that are deemed to be caused by poor or insufficient maintenance. In general, the property owner must be found to have either known about the situation, or the situation one that he or she should have known about. An injured party will need to provide proof of the condition and the length of time it existed. In some instances, a landlord and tenant may be found by the court to bear joint responsibility.
Notice must often be given of an intent to pursue a claim of premises liability, generally within 30 days after the incident.
If you would like to talk about premises liability or personal injury, please contact us.