Justia Lawyer Rating for Matthew M. Foti
Avvo
ABA
AV Preeminent
American Association for Justice
BBB
Boston Bar
Massachusetts Bar Association
Massachusetts Academy of Trial Attorneys 2022

Premises Liability in Massachusetts

Property owners in Massachusetts are legally obliged to keep it extremely safe for anyone who is allowed to enter it. Unfortunately, some property owners neglect to take action to assure safety, maintain the property, fix flaws, or eliminate dangerous circumstances. Foti Law offers vigorous legal assistance to hold the negligent party liable if you were hurt on someone else's property as a result of a risk or defect in Massachusetts.

Any accident that is attributed to a defect on a person's property is referred to as premises liability. You could slip, trip, or fall as a result of a hazardous item, an obstacle, ice or frost, poor construction, irresponsible maintenance, a slick floor, damaged stairs, or other property flaws.

Common Types of Premises Liability Claims in Massachusetts
  • Poor Property maintenance
  • If the property is poorly maintained, a wide range of building components might become hazardous. This covers elevators, lighting fixtures, and appliances. The landlord or building management may be held accountable if an appliance or elevator malfunctions (as a result of poor maintenance) and harms a resident or guest, such as when an elevator drops unexpectedly and someone hits their head.

  • Dog Bites
  • You could potentially have a case for a premises liability accident if a dog bites you. The law considers dogs to be a part of your property even though people frequently think of dogs as pets or friends. A dog that attacks people may thus be considered dangerous or dangerous property.

  • Hotel Accidents
  • You should be able to anticipate a certain degree of security and comfort when staying in a hotel. The law governing premises responsibility would apply if hotel administrators created a dangerous environment by neglecting to fix broken locking, leaving hazardous items in rooms or hallways, or failing to address any other problem.

  • Negligence at the Construction Site
  • Roadwork zones and construction zones should always be marked to alert pedestrians. You may be entitled to compensation from the construction business or property owners if employees neglect to adequately cordon off construction zones and you are hurt as a result.

  • Accidents in Parking Lots
  • Finally, premises liability may also apply to injuries suffered in a commercial parking lot. The owner of the business property may be responsible for your injuries if you are assaulted in a parking lot or slip and fall due to insufficient illumination.

  • Lack of security
  • Providing secure surroundings for renters, customers, and workers is a part of a property manager's or company owner's responsibilities. When a robbery, break-in, or act of vandalism results in injuries, the company is scrutinized for having subpar surveillance cameras, locks, or burglar alarms.

  • Slip and Falls
  • Accidents involving a slip and fall are the most frequent cause of premises liability claims. These can happen when a property owner or management neglects to keep parking lots, sidewalks, or stairs in good condition. The owner may be held accountable if a person slips and falls due to snow, ice, or damp flooring that is not indicated with warning signs, or on stray wires.

What Class of Negligence Does Massachusetts Fall Under?

Personal injury claims are governed by Massachusetts law, and a modified comparative negligence rule was adopted by the state legislature. Like many other states, Massachusetts follows the 51 % comparative negligence rule.

The fact that plaintiffs' damages are diminished by their part of the responsibility is another significant aspect of comparative negligence. If a plaintiff receives $50,000 in damages but is determined to have 20% of the blame for the harm, the damage amount is reduced by 20%. The judge would award $40,000 in net damages to the plaintiff.

What Damages Can Be Recovered in a Premises Liability Case?

If you have a premises liability case, you may be thinking about what type of compensation to anticipate because a variety of factors will affect how much compensation you receive. The kind of injury and the availability of insurance are some of these variables.

It is advisable to discuss your particular issue with Foti Law in Massachusetts to determine any legal rights you may have. Nevertheless, you will often be entitled to liability damages and perhaps even punitive damages.

Available liability damages are as follows:

  • Medical expenses
  • Expenses for therapies
  • Cost of medications
  • Cost of ambulance
  • Loss of income
  • Pain and suffering

Punitive damages may be granted if the property owner where you were hurt made a major blunder or a serious offense. These consist of:

  • medical expenses
  • lost income
  • permanent impairment
  • emotional distress
  • Therapy Loss of life enjoyment
Limitation Period in Massachusetts for Premises Liability Claims

A "statute of limitations" that establishes a strict time limit on how soon an injured plaintiff has to submit a claim applies to premises liability claims. For a premises liability claim in Massachusetts to be considered acceptable in court, the claim must be submitted within 3 years of the alleged injury.

If you try to submit a claim after this filing deadline, your case will probably be rejected, and you won't be able to claim damages. Even though 3 years may seem like a long time, assessments for premises liability issues can be difficult and take weeks or months to conclude.

Your claim may eventually succeed or fail depending on how rigidly the limitation period is enforced. To allow Foti Law enough time to prepare a compelling case and increase your chances of success, it is crucial to hire our Massachusetts legal counsel as soon as you decide to file a premises liability claim.

Contact Our Massachusetts Premises Liability Attorney

Finding an attorney with expertise in various sorts of personal injury lawsuits is crucial since premises liability cases can take many different forms. These mishaps might result in severe or perhaps permanently disabling injuries.

Our Massachusetts premises liability attorneys at Foti Law will work with clients to get the maximum compensation for their injuries. Call us or use our online form to get in touch with one of our knowledgeable and experienced personal injury attorneys for a free first consultation.

Client Reviews
★★★★★
"I really like his professionalism he is very details oriented and clear he makes my case very smooth and stress-free. I like the fact that he is flexible I can contact him anytime with any questions. He is a great listener. Thank you so much for all you’ve done. I will definitely recommend him his amazing. God blessed you." Richecardine
★★★★★
"Matt took good care of me and guided me throughout the process. He's very acknowledgeable and is quick with an answer whenever I had questions. I highly recommend Matt to represent your case because he gets the job done!" Malori
★★★★★
"Mr. Foti was a pleasure to work with. He handled my case with ease and kept me informed along the way. He is extremely professional and made me feel confident in his abilities. Will definitely be reaching out to Foti Law should I have another issue in the future! Thanks again!!" Sharon
★★★★★
"Matt was very professional. Any time I had any questions he was upfront and honest with his answers. I highly recommend him." Ken
★★★★★
"I highly recommend him. He such an amazing professional lawyer." Selena