What is Premises Liability?
Premises liability refers to injuries sustained while legally visiting residential, commercial, or industrial property, where the property owner did not take reasonable measures to ensure your safety, you may have a right to seek monetary compensation for medical expenses, pain and suffering, and lost wages. Depending on the specific facts and circumstances in your case, the owner of the premises may be liable for your injuries.
Under Massachusetts law, a property owner must exercise due care to keep its premises in a “reasonably safe condition in view of all the circumstances, including the likelihood of injuries to others, the seriousness of the injury, and the burden of avoiding the risk.” Murgo v. Home Depot USA, Inc., 190 F. Supp. 2d 248, 251 (D. Mass. 2002) (citing Mounsey v. Ellard, 363 Mass. 693, 708 (1973)).
In essence, the law requires the owner of a property to ensure it is safe for contractors, customers, guests, or other legal visitors. If the property owner fails to properly maintain an area, fails to remove an obvious hazard, or fails to warn a visitor of a dangerous condition, they may be held liable when the resulting conditions cause an unsuspecting victim to suffer a serious injury.
Actions predicated on premises liability may include claims against owners and operators of residential, commercial, and industrial buildings and properties where you or a family member were negligently exposed to asbestos and asbestos-containing materials many years ago and subsequently developed mesothelioma or asbestos-related lung cancer. Such claims often arise from asbestos exposure in power plants, paper mills, manufacturing plants, chemical plants, and other sites.
Should You Pursue a Premises Liability Claim?
If you were legally on a property in Greater Boston or Boston’s North Shore and suffered a serious injury because the property owner failed to properly maintain their premises, you may be entitled to compensation. Contact Duffy Law today to learn more about your legal options and for a free case consultation.