Call the Boston, MA Premises Liability Lawyer Experts at the Law Offices of Gilbert R. Hoy, Jr. and Affiliates Today at 617-787-3700 or Email Our Massachusetts Unsafe Property Personal Injury Attorney Specialists at info@gilhoylaw.com If You or Someone You Know Has Been Injured On Someone Else’s Massachusetts Property.

Massachusetts premises liability lawsuits are one of the fastest growing segments of Massachusetts personal injury claims for both Massachusetts residential property owners and Massachusetts commercial business owners. As experienced Massachusetts premises liability attorneys, we know that a Massachusetts resident can be a victim of personal injury at any time and in any place. If you or someone you know has suffered physical or emotional injury as a result of someone else’s negligent behavior, Massachusetts law entitles you to file a claim against the party at fault. You may be entitled to financial compensation for past and future medical costs, lost wages and pain and suffering as a result of your Massachusetts premises liability injury. The highly skilled Boston, MA premises liability lawyers at the expert Boston personal injury law firm of the Law Offices of Gilbert R. Hoy, Jr. have provided clients from all over Massachusetts with the highest level of personal commitment and expertise required to obtain fair and just compensation for their injuries.

Our Boston, MA Premises Liability Lawyer Specialists Are Available 24/7. Please Do Not Hesitate. Call Our Massachusetts Unsafe Property Personal Injury Attorney Experts Today at 617-787-3700!

The United States Department of Justice (DOJ) reports that, in recent years, premises liability cases accounted for eleven percent of civil cases disposed of by trial. Further reports by the DOJ show that, each year, approximately four billion dollars are awarded to compensate premises liability injury victims. About six percent of premises liability cases result in punitive damages being awarded, in addition to actual compensatory damages. Of the approximately 12,000 civil trials in recent years, 452 involved a wrongful death claim. Of these cases, five percent involved premises liability.

Massachusetts Law with Respect to Premises Liability

Premises liability refers to any type of accident caused by a dangerous condition on somebody's property. According to Massachusetts law, Massachusetts property owners are responsible for providing safe, secure and properly maintained premises. Regardless of how or why someone enters a property, Massachusetts property owners may be held liable if an injury occurs while the person is on their property that was caused by their negligence.

Whether or not a Massachusetts property owner will be found to be legally responsible for injuries incurred on their property will depend on a number of specific factors. For example, if a person slips on a wet floor in a Massachusetts supermarket, but the spill was cleaned up reasonably soon after the substance was spilled, and the owner took the precaution of placing a warning sign over the spill, the owner may not be found responsible for the injuries.

In general, a Massachusetts property owner will be liable when the injured victim can prove:

That the Massachusetts property owner negligently caused the unsafe or hazardous condition which led to the resulting Massachusetts accident;
That the Massachusetts property owner was aware of the unsafe or hazardous condition but failed to take reasonable action to remedy the condition; or
That the Massachusetts property owner knew or should have known about the danger and fixed the problem, because a reasonable person in the same position would have known about the danger and taken appropriate and reasonable corrective action to prevent the injury that resulted.

Typically, a Massachusetts property owner is the person or entity that is responsible for injuries caused by a hazardous condition or negligent maintenance of the Massachusetts property. However, many Massachusetts commercial properties are leased to business tenants, meaning that the Massachusetts property owner is not in full control of the property. In these instances, the Massachusetts business renting the Massachusetts property assumes responsibility for its maintenance, as well as liability for injuries. Other potentially liable parties may include Massachusetts landlords and Massachusetts tenants of residential properties, Massachusetts contractors and, in some cases, the government.

Liability Limitations in Massachusetts

Public Ways

In certain situations, there may be either limited or no liability with respect to injuries sustained on public ways. In Massachusetts, if the injury arises from a defect in a public way, the injured party is not permitted to recover more than $5,000, and must not have contributed to his or her injuries in order to recover. Also, if the accident involved a public way, notice of the injury to the appropriate municipality is required within thirty days of the accident.

Recreational Activities

In Massachusetts, if no fee is charged for using property, and the injured party was using the property for recreational purposes, then Massachusetts law prohibits liability. This law often prevents injured victims from recovering for injuries sustained in parks and public properties. In order for this Massachusetts statute to apply, however, the use must be recreational.

Trespassers

Generally, a landowner does not have a duty to keep the land in any particular state or condition to promote the safety of trespassers. Therefore, trespassers may not recover for injuries caused while trespassing. However, Massachusetts has created a special exception for child trespassers. The Massachusetts law, sometimes called the attractive nuisance doctrine, requires property owners and lessees to exercise reasonable care to protect child trespassers on their property from dangerous conditions that might cause serious bodily injury to children, if the property is attractive to children. In order for liability to attach, Massachusetts law requires that the Massachusetts property owner knew or should have known that children were likely to trespass in the area. In order to establish liability in Massachusetts under the attractive nuisance doctrine, the injured party must also show that the Massachusetts property owner knew or should have known that the property where the injury occurred posed an unreasonable risk of causing death or serious bodily injury to the trespassing child. Finally, the injured party must show that the Massachusetts property owner or lessee failed to exercise reasonable care to eliminate the danger or to otherwise protect the child. A child may, however, be comparatively negligent, thus reducing or even barring recovery.

Third Party Liability

In general, there is no duty to control the conduct of another. However, a Massachusetts property owner or lessee has a duty to take reasonable precautions to protect individuals on their property from reasonably foreseeable risks, including the foreseeable risk of criminal activities of third parties. However, the foreseeability of criminal activity is oftentimes the determining factor with respect to liability in such a case. In order to recover, the injured party must show that the Massachusetts property owner knew or should have known that crimes were likely to occur on their property, thus creating a legal duty to take reasonable precautions to prevent the occurrence of such crimes.

Types of Massachusetts Premises Liability Cases We Handle

Our expert Massachusetts premises liability lawyers and expert Massachusetts personal injury lawyers handle all types of Massachusetts cases arising from Massachusetts accidents that occur on personal, commercial, or public property. Common types of Massachusetts premises liability accident cases include:

Massachusetts animal attacks and Massachusetts dog bites
Massachusetts balcony defects and Massachusetts deck defects
Massachusetts building code violations
Massachusetts commercial property defects
Massachusetts defective stairways and Massachusetts stair collapses
Massachusetts electrical accidents from defective power lines and defective appliances
Massachusetts electrocution accidents from extension cords, outlets, swimming pools and hot tubs
Massachusetts elevator accidents and Massachusetts escalator accidents
Failure to repair or maintain Massachusetts premises
Failure to warn of hazardous conditions on Massachusetts premises
Massachusetts fire injuries and Massachusetts smoke inhalation
Massachusetts flooding and Massachusetts water leaks
Massachusetts floor collapse
Massachusetts housing code violations
Improper commercial displays in Massachusetts establishments
Improperly shelved merchandise in Massachusetts stores
Inadequate or defective lighting in Massachusetts buildings
Massachusetts lead poisoning
Massachusetts negligent security
Massachusetts overgrown landscaping
Massachusetts porch collapse and Massachusetts porch railing failures
Massachusetts sexual assault and rape
Massachusetts slips and falls from liquid or foreign substances
Massachusetts snow and ice accidents
Massachusetts swimming pool accidents
Massachusetts toxic fume exposure or Massachusetts chemical exposure
Massachusetts tripping or falling due to uneven surfaces
Unmarked stairs or steps on Massachusetts property
Unprotected holes and uneven surfaces on Massachusetts property

If you have been the victim of any of these Massachusetts premises liability accidents or others, call our experienced and knowledgeable Boston, MA premises liability lawyers today at 617-787-3700 or email us at info@gilhoylaw.com to have your Massachusetts personal injury case evaluated.

The first thing you should do if you have been the victim of any of these types of Massachusetts premises liability accidents is to seek immediate medical treatment for any and all injuries that you have sustained. You should also document as much as you can about the Massachusetts accident as soon as possible. This can be done by taking photographs of the scene before any conditions change and getting the names and contact information of any witnesses to the Massachusetts accident. Other than to report that you were injured on their property, do not make any other statements to the Massachusetts property owner or manager, and do not speak with any of their Massachusetts insurance company representatives until you have had the chance to speak with one of our expert Boston premises liability attorneys first.

Recoverable Damages in Massachusetts

If you have been injured on a Massachusetts property by the negligence of a Massachusetts property owner, you may be entitled to collect money damages for:

medical expenses, including long term rehabilitation and continuing care;
lost compensation and diminished earning capacity;
physical and emotional pain and suffering; and
loss of companionship - your spouse, children or next of kin may be entitled to compensation for their loss of your affection, support or companionship.

Statute of Limitations

Generally, Massachusetts allows three years for you to file a premises liability claim, but the facts of your particular case may require action in as little as thirty days after the accident, due to special notice requirements in certain cases. Contact one of our expert Boston, MA premises liability attorneys immediately after your Massachusetts premises liability accident in order to ensure that no deadlines are missed.

If you or someone you know has been injured in any of these types of accidents, whether on Massachusetts commercial or Massachusetts residential property, please contact the Law Offices of Gilbert R. Hoy, Jr. and Affiliates for a free and confidential case review. There will be no charge for your initial consultation. Our team of expert and tenacious Massachusetts premises liability lawyer specialists has helped many Massachusetts victims of Massachusetts premises liability accidents recover money for their damages and suffering that occurred due to a Massachusetts business owner’s or Massachusetts homeowner’s negligence.

Your legal rights must be protected after a Massachusetts accident arising from Massachusetts premises liability. Call an experienced Boston premises liability personal injury lawyer or Boston wrongful death lawyer today at 617-787-3700 or email us at info@gilhoylaw.com. We understand the law and complex regulations that govern premises in Massachusetts. In addition to our expertise, the Massachusetts premises liability attorneys at the Law Offices of Gilbert R. Hoy, Jr. and Affiliates also boast a reputation for compassionate legal counsel tailored to fit the needs of each and every Massachusetts client. You have nothing to lose and everything to gain. Call today!

Our Massachusetts premises liability personal injury lawyers are proud to represent Massachusetts premises liability personal injury clients from throughout the Commonwealth.

In the event that you or a loved one has been injured or killed as the result of a slip and fall accident on a Massachusetts premises, the best thing that you can do is to hire one of our highly skilled Boston, MA premises liability lawyer experts. If you select one of the knowledgeable and expert Massachusetts unsafe property personal injury attorney professionals at the Boston Law Offices of Gilbert R. Hoy, Jr. and Affiliates to represent you or your loved one, you can be assured that your needs will become our top priority. The Massachusetts premises liability lawyers at our Boston, MA law firm will use all of their extensive legal expertise to most effectively handle your unique situation. Our premises liability lawyer law firm is distinguishable from other Massachusetts law firms because our attorneys are compassionate and caring and will fight tirelessly on your behalf. Our Boston, MA premises liability lawyer law office has some of the most respected expert Massachusetts attorney specialists in the Commonwealth.

The Boston premises liability lawyers and Boston, MA wrongful death lawyer experts at our Massachusetts law firm have represented many Massachusetts premises liability victims and the families of wrongful death victims. If you or a loved one has suffered injuries as the result of a slip and fall accident on a Massachusetts premises, or has otherwise been injured because of a Massachusetts unsafe property, please contact our experienced Boston premises liability lawyers and Massachusetts wrongful death attorney specialists 24/7 at 617-787-3700 to help you get full and fair compensation for your Massachusetts accident injuries.

The Boston, MA Law Offices of Gilbert R. Hoy, Jr. and Affiliates is a group of Boston, MA attorneys from some of the best law offices in Massachusetts, including expert Massachusetts premises liability personal injury lawyers, who have been personally selected by Attorney Hoy because of their skill, experience and expertise. Many of the Boston, MA premises liability lawyers who are available to our Massachusetts clients through referral agreements have been repeatedly selected and recognized as among the very best lawyers in Massachusetts and, indeed, the country.

With an experienced group of some of the very best Massachusetts premises liability lawyers that the Commonwealth offers, our Boston premises liability law office is confident that our handling of your premises liability claim will go beyond your expectations. Our over-riding goal is to provide you or your loved one with top of the line legal service and assistance with respect to your Massachusetts premises liability claim, while earning your confidence, loyalty, trust and respect. Our Boston, MA premises liability law office would be honored and pleased to represent you or your loved one, and we would be delighted to provide you with an initial free and confidential consultation with respect to your Massachusetts premises liability claim.

Our Boston, MA Premises Liability Lawyer Experts Are Waiting For Your Call. Please Call Our Massachusetts Unsafe Property Personal Injury Attorney Specialists Today at 617-787-3700.

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