If an accident occurs on the property of another party, it is important to understand your rights and the law. After a serious slipping accident, your injury could lead to compensation under a personal injury claim. By contacting a focused Brookline slip and fall lawyer, you may gain a deeper understanding of how the laws apply to your situation and determine if you have a valid legal claim. The sooner you contact a compassionate personal injury attorney, the sooner they could begin work towards a favorable outcome for your case. En Español.
Premise liability laws help determine who is liable if the dangerous condition of a property causes injury to another individual. These laws apply to nearly every type of property, including:
Under these laws, the property owners or caretakers owe a duty of care to those that enter the property. This duty of care, however, differs depending on the injured individual’s reason for coming onto the property.
Invitees are those who are invited onto the property by the owner. They require the greatest duty of care under the law.
A licensee is an individual who is legally on the property but was not necessarily invited. It is often difficult to differentiate between invitees and licensees. Consequently, the law often combines them into legal entrants.
For legal entrants, property owners are required to keep the property free of any hazards and to fix any dangerous conditions within a reasonable amount of time after discovery.
People who are not on the property legally are considered trespassers. In Massachusetts, the only duty the property owner or caretaker owes to a trespasser is to not willfully cause them harm. It is important to note that under Massachusetts General Laws Ch 231 § 85Q, children are excluded from this law and property owners must take reasonable care to protect them.
As with all negligence cases, if the duty of care is breached and causes injury and damages to the legal entrant, the property owner could be liable for any resulting damages. The plaintiff, or their slipping accident lawyer, must demonstrate to a jury that the property owner was aware—or should have been aware—of the dangerous condition and failed to fix the condition within a reasonable amount of time.
A Brookline slip and fall lawyer could use various pieces of evidence to prove these factors apply to the property owner. An experienced lawyer may use employment documents or medical records to show the injuries and damages of the plaintiff were the direct results of the property owner’s negligence.
The pain you experience after a slip and fall accident could have a significant impact on your life. Even after you heal physically, you may experience a loss of income or face mounting medical expenses.
While you focus on healing, a Brookline slip and fall lawyer could work to alleviate this stress. After a case review, an attorney could help you evaluate damages and create a plan of action to recover. Before you decide on your next step, reach out to consult an attorney about a claim and learn more about your potential for compensation today.