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The Legal Grounds for Premises Liability Litigation

On Behalf of | Jun 2, 2020 | Personal Injury |

Property-based accidents can be very serious and can result in diverse and significant personal injuries. In Massachusetts, when a person is hurt on the property of another, they may have a legal claim under the theory of premises liability. Premises liability concerns the responsibility of a property owner to maintain their property in a reasonably safe manner.

Reasonableness in the context of premises liability can change depending on many factors. For example, in the winter a reasonable Massachusetts property owner would know that clearing snow and ice from their steps and walkway is necessary to prevent slips and falls from individuals who come to their home. Additionally, a property owner who knows that the carpet on their steps is loose would be reasonable to fix it to prevent a visitor from stumbling and falling down a flight of stairs.

At its core, premises liability requires property owners to maintain their premises and to remedy dangers that they know, or should know, about. If a person is harmed in a premises liability accident, a court may investigate if it was foreseeable for the victim to suffer harm due to the dangerous property conditions they encountered. Foreseeably relates to the likelihood that a person would be injured in an incident involving an allegedly dangerous property condition.

The law recognizes that in some cases, a property owner may not be able to fix every defect that is present in their home or on their land. In such cases, a property owners’ efforts to warn or make known a dangerous property condition may be assessed to determine if they did enough to avoid liability for an individual’s injuries. It is important that readers understand that like other types of personal injury law, premises liability cases are considered individually and are resolved on their own facts. No outcomes can be guaranteed, and this post offers information only and not legal guidance.

When a premises liability case is under review, some attention may be given to the victim and their reasons for being on the property of the responsible individual. If the victim was invited or requested to come onto the property owner’s land, then it likely was reasonable for them to assume that the property was safe for their presence. In situations where trespassers are harmed in premises liability accidents, outcomes may differ due to the unknown and potentially unwelcome presence of the victims on the dangerous land.

Bringing a premises liability claim requires a victim to offer proof of their losses and the connection between the property owner’s negligence and the victim’s injuries. Using the right evidence and presenting a strong claim can help a victim recover the financial losses that they expended on their own recoveries. Before filing premises liability claims, victims of property-based personal injury accidents can seek the assistance of attorneys who serve victims of premises liability accidents.