Premises Liability Massachusetts Attorney
The term premises liability refers to an accident, of any type, that is caused by the faulty condition of someone's property. There are many factors that are included in premises liability such as a foreign object, foreign substance, obstruction, defective construction, slippery floor, etc. that caused an accident to take place. Such defects can cause a slip, trip or fall which results in a serious injury. In the state of Massachusetts, a property owner or the person using the property is responsible for any personal injury that may be sustained when someone is visiting or using the property.
A premises liability case is a type of negligence case and when occurring on residential rental property, is something that the landlord may be responsible for based on the theory of breach of warranty of habitability if the property is not conforming to a housing or building code. The term breach of warranty applies to tenants as well as their guests, allowing both to recover damages.
Types of Premises Liability Cases in Massachusetts
Premises liability attorneys cover a variety of cases ranging from accidents on personal and commercial property or public property. There are common types of accident cases that are handled on a regular basis by an experienced attorney. Such types include:
- Dog bites or animal attacks
- Swimming pool accidents
- Porch collapse/railing failure
- Defective stairway
- Elevator accident
- Deck defect
- Floor collapse
- Snow and ice accidents
- Fire and smoke injury
- Negligent security resulting in wrongful death or assault/injury
- Injury from water leak or spill
- Spilled food or drink causing slip and fall
- Being exposed to toxic fumes or chemicals
- Falling merchandise in retail stores
- And more
Who is Liable?
When personal injuries are caused by premises liability, the owner of the property is typically the one responsible for the injuries that are caused due to negligence. However, in many cases, the commercial property is leased by a business tenant. In this case, the owner of the property is not in control and not liable. In this case, the individual or company renting the property is responsible for maintaining the building.
With residential properties, it is the tenant as well as the landlord that may share the responsibility of liability in certain scenarios. Even a contractor who worked on the premises may also share in the responsibility. In many cases, the responsible individual will have liability insurance and insurance coverage for medical payments.Finding a Premises Liability Attorney in Massachusetts
If you are subject to an accident from premises liability, your legal rights need to be protected. Hire an experienced personal injury attorney in Massachusetts who understands the law as well as complex regulations in regards to premises in the state.
Kathleen A. Delaney, Esq. is experienced in premises liability and ready to assist you with filing a personal injury claim.