Accidents can occur in any situation, and most people exercise reasonable caution to avoid them. However, when hidden hazards exist in unfamiliar areas, you may find yourself dealing with a serious injury that leaves you with health and financial challenges. When you suffer an injury on someone else’s property, an experienced Springfield premises liability lawyer could determine your eligibility for compensation. A seasoned personal injury attorney could help you file a successful claim to help pay for medical costs related to an accident caused by a property owner’s negligence.
Commercial and residential property owners have a responsibility to keep their buildings and grounds in good condition and provide warnings about hazards that should be avoided. When property owners fail to meet these responsibilities and someone is injured, the property owner can be held liable. However, property owners are not automatically considered liable for every injury that occurs on their property. The injury must be related to a known hazard of which the injured person had no warning.
While slip and fall injuries are the most common premises liability claim, several types of incidents can be caused by property owner negligence. The following examples highlight common premises liability injuries:
Known hazards that property owners are aware of and fail to address can cause visitors to sustain injuries. Premises liability cases frequently revolve around improper maintenance.
A premises liability lawyer in Springfield could help you understand your rights and determine who was responsible for your incident.
Certain conditions must be present to prove a property owner is responsible for injuries that occurred on their property. An injured person must show that the property owner owed a duty of care and that the accident was preventable. These conditions are usually established by certain criteria.
A property owner only owes visitors a duty of care if they were permitted to be on the property. For example, a business open to the public should be safe for customers. Similarly, a private residence should be safe for invited or expected visitors, including:
Trespassers are usually not protected under premises liability. However, children are an exception because they may not have the cognitive ability to recognize they are trespassing or specific dangers. For instance, an improperly fenced swimming pool can be considered an “attractive nuisance”, and a property owner can be held liable if this leads to a child sustaining an injury.
Sometimes, an accident is simply an accident. A property owner is not considered liable if someone trips and breaks their ankle when no hazard is present. However, when a hazard is present and the property owner is aware of it, they have a duty of care to warn visitors. Failure to do so is considered negligence. For example, a broken step or hole in the yard could reasonably be considered a falling hazard. In a public setting, a worker would be expected to put “wet floor” signs in place while mopping an area where customers walk.
It is not enough for a known hazard to exist. The hazard must have been the direct cause of the injuries sustained by the plaintiff. For example, a property owner cannot be liable for not posting a “Beware of Dog” sign if a guest sustained an injury unrelated to the dog.
A victim must suffer a tangible injury for the property owner to be considered responsible. For example, if a shopper falls in a store, but sustains no injuries, they cannot sue the store owner for mental anguish because they were embarrassed by the incident. Medical records, witness testimony, and photographs may be used to prove that an injury occurred.
A premises liability attorney could review the specific facts of your case to determine if you have legal grounds for a personal injury claim in Springfield.
The laws surrounding premises liability in Massachusetts are complex and depend on several factors. Partnering with a skilled and experienced Springfield premises liability lawyer is vital for presenting essential evidence to support your claim. If you have been injured on someone else’s property due to an existing hazard, the dedicated accident attorneys at Pellegrini, Seeley, Ryan & Blakesley, P.C. could help you explore your legal options for compensation. Reach out to our team today to schedule your free consultation.
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