Are Property Owners Automatically Responsible if Someone Gets Hurt on Their Property in Massachusetts?

Are property owners automatically responsible if someone gets hurt on their property? The answer is no. It’s not automatic. Massachusetts premises liability law is more nuanced than that. Property owners owe different duties to different people. Invitees, for example, like customers or clients get the highest protection. Owners must maintain safe conditions and warn of dangers. However, licensees, which are like social guests, they must be warned of known dangers. However, trespassers generally get minimal protection except children who may be owed a different level of responsibility. The owner must have known or should have known about the dangerous condition and failed to fix it or warn about it. Slip and falls on ice have special rules.

Owners must act reasonably to take care of the premises to protect visitors and customers who may visit them. Open and obvious dangers might not create liability, but if negligent maintenance created the hazard, they’re likely liable. Each case depends on specific facts. Oftentimes, we’re able to pursue claims against the property owner as well as a third party plowing company that may have improperly salted or plowed the area. If they didn’t shovel properly, they may have left the premises unsafe.