Medford Premises Liability Lawyer
Premises liability laws hold individuals and businesses responsible for failing to provide reasonable protection from foreseeable or preventable danger. Premises cases generally involve injuries caused by a hazardous defect or condition on someone else’s property. Business owners, landlords, and residential tenants are obligated to maintain their property and remove unsafe conditions that could harm guests, residents, or patrons.
If you sustained injuries while visiting the property of another person, reach out to a Medford premises liability lawyer today. A trusted attorney could review the details of your accident and inform you of you eligibility to receive compensation for a landowner’s failure to provide you with a safe environment upon visitation.
Types of Premises Liability Cases
Premises liability claims can occur almost anywhere but generally fit into three categories. Premises injuries often occur on commercial properties such as retail stores, hospitals, parking garages, and airports. They are also common in public properties like parks, sidewalks, beaches, and government buildings. Injuries may also occur on residential properties, including single-family homes, townhouses, condos, and apartments.
Due to the multiple locations that premises liability injuries can occur, the causes of injury are also diverse. The most common types of premises cases include:
- Slip and Fall
- Parking Lot Injuries
- Apartment Fires
- Amusement Park Accidents
- Dog Bites
- Falling Merchandise
- Negligent/Inadequate Security (assault on a business of landlord property)
Who is Protected under Premises Liability Law?
Although landowners are required to maintain their property from reasonably foreseeable dangers, obligations differ depending on if the harmed individual is an invitee, licensee, or trespasser.
- Business Invitee – Visitors who enter the property of another for a business purpose (e.g., retails stores guests) to engage in an activity that relates to the property owner’s interest. These individuals are owed the highest duty of care to protect visitors from harm.
- Licensee – Friends, acquaintances, and other individuals who are invited to a property (e.g., guests visiting a friend’s home). These individuals are owed an intermediate duty of care requiring property owners to correct known dangers or warn their guest of foreseeable dangers.
- Trespassers – Individuals who were not explicitly or implicitly invited unto the property of another are owed the least duty of care, requiring the owner to refrain from reckless, willful, or wanton misconduct that could harm the individual.
A qualified Medford premises liability attorney can help determine the type of duty owed and work to prove the property owner’s negligence in failing to maintain the property or warn individuals of foreseeable dangers.
Filing a Premises Liability Accident Case
To file a claim against the property owner, a lawyer must show that the owner knew or reasonably should have known of the condition on the property and was negligent for not repairing or warning the harmed individual. There are several avenues to demonstrate negligence, including eyewitness testimony, requesting facility maintenance records, or taking photos of the accident scene. An experienced Medford premises liability attorney can help you to gather the evidence needed to make the strongest premises liability claim.
Recovering Damages in Medford
In premises liability cases, the plaintiff may seek compensatory damages to compensate for their financial losses, including medical expenses, lost wages, and pain and suffering. A plaintiff can also recover punitive damages to punish the defendant for willful or wanton conduct or actions that are purposefully committed and considered especially dangerous or reckless. A local personal injury lawyer in Medford could help an injured victim recover the compensation they deserve.
In Massachusetts, if an invitee or trespasser is found to be partially at fault for the accident may be limited in recovering damages. Under Massachusetts modified comparative fault law statute, a plaintiff must be less than 50% responsible for the accident to recover damages.
Consult a Medford Premises Liability Accident Attorney
Building owners are required to inspect and maintain their property regularly, and when they fail to do so, individuals can suffer harm as a direct result. A Medford premises liability accident lawyer could investigate whether the property owner could have done something to prevent the injuries and if there is s history of similar incidents in the area. To see what a dedicated Medford attorney could do in your case, get in touch today.