When unsafe conditions on someone’s property injure you, you could consult our personal injury attorneys to pursue compensation from the owner, manager, or occupier responsible for the hazard. Under tort law, landowners owe you a duty of care and must take reasonable steps to protect you from foreseeable harm.

To recover damages, you must show that the property owner breached that duty and that their actions caused your injuries. You have the right to seek payment when someone else’s negligence leaves you hurt and facing losses, and a Pittsfield premises liability lawyer could help.

Who Can the Plaintiff Hold Liable for Damages?

Our Pittsfield lawyers determine who is liable when you are injured on someone else’s property. Liable parties include anyone responsible for maintaining or repairing the property, such as owners, tenants, or managers. Tort law also allows you to hold municipalities accountable for unsafe public areas, such as sidewalks or common areas, when they know or should know of defects that put visitors at risk. These laws give you, other injured individuals, and, when applicable, a victim’s guardian or parents the ability to file a civil claim.

State law emphasizes foreseeability, which requires anticipating risks created by defective conditions, including winter hazards or tripping dangers. To recover damages, you must show that a foreseeable risk existed and that the defendant failed to act appropriately.

Types of Premises Liability Cases

We handle all types of premises liability claims. Common examples include:

  • Slip and fall injuries caused by wet, slippery, or icy floors, uneven pavement, or other tripping hazards
  • Inadequate security accidents when a property owner fails to protect visitors from foreseeable crimes in high-risk areas
  • Accidents from structural defects, including faulty railings, broken flooring, or compromised decks
  • Swimming pool accidents, including accidental drownings
  • Dog bites and animal attacks
  • Elevator and escalator malfunctions
  • Fires and explosions resulting from code or safety violations
  • Falls from heights, such as ladder falls, and injuries from falling objects

After reviewing your case, one of our Pittsfield premises liability attorneys could explain the statutes that apply, outline the legal process, and discuss the monetary damages you may pursue.

Failure To Use Reasonable Care

One essential element you must prove is that the defendant failed to use reasonable care to fix the defect and prevent the accident. The court directs jurors to evaluate specific factors when deciding whether the defendant used reasonable care under the circumstances.

Jurors consider when, where, and how the incident occurred and how likely it was that someone could suffer harm. They also assess whether the risks were obvious and whether the situation required immediate action. We could review your case to determine whether it meets the legal requirements for showing a failure to use reasonable care.

Compensation for Damages

Compensation varies widely depending on the details of the accident and the severity of your injuries. If your injuries cause long-term disability, the potential award increases. In Pittsfield, our attorneys could determine whether your premises liability settlement falls within economic or non-economic damages.

Economic damages include out-of-pocket losses such as:

  • Hospital bills
  • Emergency care
  • Surgeries
  • Medication
  • Medical equipment
  • Ongoing treatment

They also cover lost income for the time you cannot work. Non-economic damages compensate you for the intangible harm you suffered, including emotional distress, permanent disability, chronic pain, and psychological injuries such as post-traumatic stress disorder.

Contact a Pittsfield Attorney To Talk About Your Property Injury

Premises liability covers many complex situations, and you could bring a claim when a property owner or occupier’s negligence causes your injuries. To succeed, you must show that the defendant recognized, or should have recognized, the foreseeable risks to visitors and still failed to act reasonably to repair the defect or correct the hazard.

An award for damages compensates you for both financial losses and the personal impact of the accident, and it allows you to hold the negligent party accountable. We could explain how these laws apply to your situation and what compensation you may pursue. Contact our office today to schedule a consultation with a Pittsfield premises liability lawyer.