At The Law Office of Michael J. Carroll, we understand the physical, emotional, and financial toll that a premises-related injury can cause. Call (612) 816-1072 now and let our experienced legal team fight for the accountability and compensation you need to move forward with confidence.

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Property owners in Massachusetts have a legal duty to keep their premises safe for lawful visitors. When they fail to meet this obligation, serious injuries can occur, from slips and falls to violent assaults due to negligent security. These incidents fall under the umbrella of premises liability law, which holds property owners accountable for injuries caused by unsafe conditions.

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A skilled Massachusetts premises liability lawyer can help you navigate your rights, prove negligence, and pursue the compensation you deserve. Your path to recovery starts with a single step. Let our experienced team of premises liability lawyers in Massachusetts help you take it with trusted legal guidance.

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What Is Premises Liability?

Premises liability refers to a property owner’s legal responsibility for injuries that occur on their property due to dangerous or improperly maintained conditions. Whether you’re shopping at a grocery store in Somerville, staying at a hotel near Fenway Park, or walking through a parking lot in Worcester, you have a right to expect that the premises are reasonably safe.

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To file a claim, you must show that the property owner knew or should have known about the hazard and failed to fix it or warn visitors. These cases can arise from a wide variety of situations, all of which fall under broader types of premises liability in Massachusetts.

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Slip and Fall Accidents

One of the most common premises liability claims involves slip and fall injuries. These accidents often occur due to:

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• Wet floors in supermarkets or malls like the Natick Mall

• Uneven sidewalks on city streets, such as Beacon Street in Boston

• Icy walkways outside residential or commercial buildings

• Spilled food or drinks in restaurants or convenience stores

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In Massachusetts, property owners are expected to promptly address these hazards, especially in winter months when snow and ice are common. Victims of slip and fall accidents may suffer broken bones, spinal injuries, or head trauma, requiring extensive medical treatment and recovery time.

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Trip and Fall Accidents

Similar to slip and fall incidents, trip and fall accidents occur when a person stumbles over a defect or obstacle. These can happen due to:

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• Broken steps or missing handrails in apartment buildings

• Loose carpeting in office lobbies or hotel rooms

• Cracked pavement in parking lots or driveways

• Exposed wires or cables in retail environments

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Trip and fall claims are especially common in older properties with outdated or poorly maintained infrastructure. A Massachusetts premises liability lawyer can assess whether the property owner had notice of the hazard and failed to take corrective action.

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Negligent Security Claims

Certain properties, especially those open to the public, have a duty to protect visitors from foreseeable criminal acts. When an owner fails to provide adequate security measures, they may be liable for injuries caused by assault, robbery, or other violent crimes. These incidents often occur:

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• In poorly lit parking garages near MBTA stations

• In hotel hallways without working security cameras

• In apartment complexes without functioning locks or gates

• At bars or nightclubs with a history of fights or altercations

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A negligent security claim is typically supported by showing that similar crimes occurred in the past and the owner failed to take reasonable steps to prevent future incidents.

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Dog Bites and Animal Attacks

While Massachusetts has specific dog bite statutes, property owners can also be held liable if they allow a dangerous animal to roam freely or fail to secure it properly. Unsafe property injury examples include:

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• A tenant’s dog attacking a child in a shared apartment courtyard

• A guest being bitten by an unleashed pet at a private residence

• An aggressive dog escaping from a poorly maintained fence in a neighborhood like Jamaica Plain

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In these cases, property conditions often play a role, such as defective gates or broken fencing.

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Elevator and Escalator Accidents

Elevators and escalators require regular maintenance to ensure they operate safely. Malfunctions can cause devastating injuries such as crushed limbs, falls, or head trauma. These accidents are more likely to occur in:

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• Office towers along Route 128

• Shopping centers such as CambridgeSide Galleria or South Shore Plaza

• Hospitals or municipal buildings in cities like Springfield or Lowell

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Property owners and third-party maintenance companies may share liability depending on the facts of the case.

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Swimming Pool Injuries

Private and public pool owners must take precautions to prevent drowning and slip-related injuries. Massachusetts law considers pools to be an "attractive nuisance," meaning owners can be held liable even if a child trespasses and gets hurt. Hazards may include:

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• Unfenced or unsecured pools

• Missing “No Diving” or “No Lifeguard” signage

• Slippery decks or defective ladders

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Injuries often occur at apartment complexes, hotels, or backyard gatherings, particularly during the summer months.

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Fire and Building Code Violations

Some premises liability cases stem from catastrophic events like fires, carbon monoxide leaks, or building collapses. Common code violations that lead to injury include:

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• Blocked fire exits

• Missing smoke detectors

• Faulty wiring

• Structural defects

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Tenants in residential units, particularly in older properties found in neighborhoods like Dorchester or Allston, are at higher risk when landlords ignore safety regulations. These cases require prompt investigation to preserve evidence and determine who failed to comply with state or local safety codes.

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Retail and Restaurant Accidents

Stores, restaurants, and other commercial spaces have a duty to keep their premises safe for patrons. Common accidents in these settings include:

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• Spills are not cleaned promptly, leading to slips

• Merchandise falling from shelves

• Poor lighting in parking lots causes trips or assaults

• Wet entryways with no floor mats during rain or snow

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Whether you were injured at a large retailer on Route 1 or a local diner in Cambridge, you may have a valid premises liability claim if the property owner failed to take proper precautions.

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Injuries on Public Property

Filing a claim for an injury on public property, such as a city sidewalk, public school, or transit hub, follows a different legal process under the Massachusetts Tort Claims Act. While the government is not immune from liability, strict notice requirements and shorter deadlines apply.

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For example, if you trip on a broken sidewalk outside Boston Common or suffer a fall in a public parking garage, you may be able to pursue compensation, but only if proper procedures are followed. A Massachusetts premises liability lawyer can ensure your claim complies with all legal requirements.

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Unsafe Property Injury Examples

Across all types of premises liability in Massachusetts, some of the most common and severe injuries include:

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• Concussions and traumatic brain injuries

• Broken hips, wrists, or ankles

• Back and neck injuries

• Lacerations, burns, or disfigurement

• Drowning or near-drowning

• Assault-related trauma

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Many of these injuries lead to significant medical costs, loss of income, and long-term recovery challenges.

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How to Know If You Have a Premises Liability Claim

If you were injured on someone else’s property and suspect negligence played a role, ask yourself:

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• Was the property owner aware of the hazard, or should they have been?

• Did they fail to fix it or warn you about it?

• Were you lawfully on the property at the time of the incident?

• Did the unsafe condition directly cause your injury?

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If the answer is yes to most of these questions, you may have a valid claim. A qualified attorney can help you gather evidence, establish liability, and pursue fair compensation.

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Proving Fault in Massachusetts Premises Liability Cases

To win your case, your attorney must prove four elements:

• Duty of care: The property owner owed you a legal duty.

• Breach of duty: They failed to maintain a safe environment.

• Causation: This failure directly led to your injury.

• Damages: You suffered actual losses (medical bills, lost income, etc.).

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In complex cases, expert testimony, accident reconstruction, and medical records may be necessary to build a strong claim.

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The Importance of Legal Representation

Premises liability cases are often met with resistance from property owners and insurance companies. They may try to blame you for your injuries, argue the danger wasn’t foreseeable, or claim they took reasonable precautions. A Massachusetts premises liability lawyer can:

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• Investigate the scene and collect evidence

• Work with experts to prove negligence

• Negotiate with insurance companies

• Represent you in court if a settlement isn’t reached

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Don’t let property owners off the hook for preventable injuries. With strong legal advocacy, you can hold them accountable.

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Speak to a Massachusetts Premises Liability Lawyer Today

Whether you’ve slipped in a store, suffered an injury in your apartment complex, or were hurt due to unsafe conditions in a public space, you may have the right to seek justice and financial compensation. Don’t wait, there are time limits for filing a claim in Massachusetts.

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Call The Law Office of Michael J. Carroll today at (612) 816-1072 to schedule a free consultation with an experienced Massachusetts premises liability lawyer. We’re here to protect your rights and help you recover from your injury with the support and representation you deserve.

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