Hurt on Someone’s Property? You May Need a Lawyer
Throughout your busy day, you traverse many public areas in Boston, from the Public Market to Fenway Park. In all of these places, no matter how old or new, you deserve safe access when on another person’s property. Over the past few years, our city has built new apartments, office buildings, and shopping centers. While we hope that property owners will keep these buildings and public spaces free of safety hazards, not every property owner in the Boston area meets that need. As a result, you may have become the victim of a serious injury.
Suffering an injury always presents challenges, from the medical expenses to the lost wages. Sometimes, an injury can prevent you from returning to the lifestyle you once enjoyed. However, as part of Massachusetts’s personal injury laws, property owners can be held responsible when a poorly maintained property or safety hazard causes injury to a tenant or guest.
The attorneys at DiBella Law Offices, P.C., understand how a life can be changed after one accident on someone else’s property. When a property owner’s negligence was to blame, we are highly skilled at securing compensation for our deserving clients. Make a call to our office at (617) 870-0907 to schedule a free consultation with a Boston premises liability attorney.
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Duty of Care in Boston
Boston businesses and private property owners have a duty of care to their visitors, customers, or passersby: all owners should maintain their property to be free of unnecessary hazards, whether they operate an older store in South End or a new office building in Suffolk Downs. A property owner’s duty of care holds true no matter the age of the building and extends throughout both the interior of the property and the exterior grounds or facilities that are a part of the property.
Due to the climate in New England, property owners are expected to provide reasonably safe passage to guests and residents during winter. This includes but is not limited to removal of snow and ice in a timely manner, debris removal, proper lighting, safety rails as needed, and maintaining walkways free of damage such as potholes, cracks or uneven surfaces, and trash.
Interior safety is as important as exterior safety. Entryways need to be equipped with rugs or doormats to absorb moisture when guests or residents enter the property. Damage to floors or steps needs to be clearly marked until repairs can be made. Stairways need to provide safety handrails and be properly lit for safe use. Regular care and maintenance are the responsibility of the property owner, and any issues or concerns need to be addressed in a timely fashion to ensure guest and resident safety.
As part of these responsibilities, property owners should work closely with the Boston Public Works Department to ensure they are following all city guidelines. The Public Works Department can respond to several requests, including clearing away snow, repairing cracked sidewalks, and inspecting buildings for safety hazards. But it is always the property owner’s duty to request these services, and failing to do so can put visitors at risk of suffering serious injuries.
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What Are Types of Premises Liability Claims in Boston?
When a business owner or landlord opens their property up to others, they assume liability if a guest is injured while under their care. In a city as large as Boston, this happens almost every day. In a premises liability claim, a property owner can be held liable if they were aware that there was a safety hazard – or reasonably should have been aware of the hazard – that injured a guest or tenant. To be reasonably aware of hazards, property owners need to be vigilant and proactive about safety. They should regularly inspect their grounds for dangers and respond to maintenance reports with swift action.
Given that these responsibilities extend to both the interior and exterior of a property, in our experience, the most common types of premises liability claims in Boston include:
- Wet floors that lead to slip-and-fall accidents
- Cracked or damaged sidewalks, exterior steps, and ramps that can result in a trip-and-fall
- Poor lighting in stairways and parking garages
- Inadequate security that puts guests at risk of being assaulted
- Icy and snowy walkways and entranceways
- Unsafe parking lots
- Poorly maintained swimming pools
- Defective or poorly maintained elevators
We've offered crucial support and guidance to individuals who have suffered injuries, ensuring their financial and emotional well-being.
What Compensation Can You Get After an Injury?
Premises cases can involve serious injuries, ranging from spinal cord injuries to brain damage. The costs of treating these conditions can be in the thousands to millions of dollars, but you should not be responsible for paying these costs. Instead, if you suffered injury at an unsafe Boston property, then the property owner should be held liable for all of your damages, including your medical bills, lost wages, and pain and suffering.
Getting proper compensation for your injuries requires filing a claim with the property owner’s liability or homeowner’s policy, which may allow you to recover:
- Current and future medical expenses
- Pain and suffering
- Permanent injury or disability
- Mental anguish and emotional trauma
- Lost wages
Financial concerns certainly can add to the stress of an injury. If you suffered an injury as the result of a Boston property that was poorly maintained or had inadequate security, DiBella Law Offices, P.C., will help you understand your rights. We will assist you in securing any funds that you are entitled to so that you can focus on healing and returning to your normal life. Call (617) 870-0907 to schedule a free consultation at our Boston office.
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How to File a Premises Liability Claim
If you were injured because of an unsafe condition, your first priority should be to seek medical attention. Seeing a doctor immediately ensures that you can start the healing process asap and allows you to build your medical records to support your claim. If you are worried about paying for treatment, remember that you can include these bills in your claim and that some providers offer medical liens. DiBella Law Offices, P.C., can guide you through the steps to getting treatment and negotiate with your doctors to accept payment after your claim is settled. There may also be discounts if you do not have health insurance or several income-based clinics in Boston that can help you.
In addition, it is a good idea to document the scene. Take a photo of the unsafe or damaged area with your cell phone or ask the emergency first responders to document the condition of the area that caused your injury. You should also request an accident report from the property owner, who should document the details of the scene and provide you with their insurance information. If there are any witnesses, you should also get their contact information.
Lastly, you should speak to an attorney about your case. An insurance company may try to dismiss your injuries. The last you want is to find that your claim has been denied while you are struggling to get better. Instead, you should trust your case to an experienced attorney who can do the legal heavy lifting for you.
Call DiBella Law Offices, P.C., Today at (617) 870-0907
Financial concerns certainly can add to the stress of an injury, and you shouldn’t be burdened with negotiating a settlement while you are healing. You entered another person’s property with the expectation that it was safe and free of hazards, but it wasn’t. After such a breach, you deserve to get your medical bills paid in a hassle-free process.
If you suffered an injury as the result of a Boston property that was poorly maintained or had inadequate security, DiBella Law Offices, P.C., will help you understand your rights. We can sit down with you in a free consultation, listen to what happened, and walk you through the process of getting your medical bills paid and other damages dealt with. Our lead attorney has nearly two decades of experience recovering compensation for people injured on dangerous properties. We will assist you in securing any funds that you are entitled to so that you can focus on healing and returning to your normal life. Call (617) 870-0907 to schedule a free consultation at our office.
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