At the Law Office of Michael J. Carroll, we understand how overwhelming it can be to deal with injuries, medical bills, and legal stress all at once. Call (617) 816-1072 today and let our team handle the legal complexities while you focus on healing and rebuilding your life.

​

Accidents caused by unsafe conditions on someone else’s property can happen in an instant, but the consequences often last a lifetime. Whether you slipped on an unshoveled walkway outside a convenience store in Worcester, tripped on broken steps at a rental building in Cambridge, or were injured due to poor lighting in a Boston parking garage off Tremont Street, you may be entitled to compensation under Massachusetts premises liability law.

​

A skilled Massachusetts premises liability lawyer can help you hold negligent property owners accountable and fight for the financial recovery you need to move forward.

​

What Is Premises Liability?

Premises liability is a legal principle that holds property owners and managers responsible when someone is injured due to hazardous conditions on their property. These cases can arise in a wide range of settings, from apartment complexes and office buildings to grocery stores and public sidewalks.

​

 If the property owner fails to take reasonable steps to keep the area safe or to warn you about a known danger, they may be legally liable for your injuries.

​

Common Property Hazards That Lead to Injury

Some of the most frequent causes of premises liability claims in Massachusetts include:

​

• Slip and fall accidents from snow, ice, spills, or poor drainage

• Trip hazards like uneven pavement or torn carpets in places like Somerville or Springfield

• Negligent security, especially in parking garages, stairwells, or apartment complexes

• Falling objects, unsafe shelving, or loose railings

​

These incidents often result in serious injuries, including broken bones, concussions, spinal damage, and long-term disability. Unfortunately, property owners and insurers are quick to downplay or deny responsibility, which is why having an experienced property injury attorney in Massachusetts is critical.

​

Why Legal Help Matters

In the aftermath of a serious accident, you may be facing mounting medical bills, lost wages, and the stress of navigating a claim alone. That’s where unsafe property legal help makes all the difference. In the sections below, we’ll explain what qualifies as a premises liability case, how to prove fault, what compensation you may be entitled to, and why working with a knowledgeable lawyer can protect your rights at every step.

​

Massachusetts Premises Liability Lawyer Explains: What Is Premises Liability?

Premises liability is a legal concept that holds property owners and occupiers responsible when someone is injured due to a dangerous condition on their property.

​

In Massachusetts, property owners have a legal duty to maintain reasonably safe conditions for visitors, guests, and sometimes even trespassers. When they fail to do so, and that negligence leads to an injury, the injured party may have the right to pursue compensation with the help of a Massachusetts premises liability lawyer.

​

Legal Duty of Property Owners

Massachusetts law requires property owners and managers to take reasonable steps to keep their premises safe. This includes inspecting for potential hazards, repairing known dangers, and warning visitors about risks that are not immediately obvious. The level of care owed depends on the visitor’s legal status:

​

• Invitees (e.g., customers at a store): Owed the highest duty of care

• Licensees (e.g., social guests): Must be warned of known dangers

• Trespassers: Owed a lesser duty, though property owners still cannot intentionally harm them

​

Types of Premises Liability Cases

Premises liability claims can arise in a wide variety of settings. Some of the most common types include:

​

• Slip and fall accidents due to wet floors, snow and ice, or broken stairs

• Trip and fall hazards such as cracked sidewalks, poor lighting, or debris

• Negligent security resulting in assaults or other harm in parking garages, hotels, or apartment buildings

• Injuries from falling objects, dog bites, or unsafe structures like balconies or decks

​

These accidents can happen anywhere, from a department store on Route 9 in Framingham to a restaurant in Boston’s North End.

​

Why Premises Liability Matters

Property-related injuries can result in high medical costs, missed work, and lasting pain. Yet proving fault in these cases is rarely simple. A property owner may deny responsibility or argue the injury was your fault. This is why working with a property injury attorney in Massachusetts is essential; they can investigate, gather evidence, and fight to hold negligent parties accountable so you can focus on healing.

​

Common Types of Premises Liability Cases in Massachusetts

Premises liability law covers a broad range of injury cases that result from unsafe property conditions. Whether the incident occurs on private, commercial, or public property, Massachusetts law allows injured individuals to seek compensation when a property owner or manager fails to uphold their duty of care.

​

A seasoned Massachusetts premises liability lawyer can help you determine what type of case you have and what legal options are available.

​

Slip and Fall Accidents

Slip and fall incidents are among the most common premises liability claims. They can happen in grocery stores, parking lots, office buildings, or residential complexes when surfaces become slippery or unstable due to:

​

• Spilled liquids not cleaned up in a timely manner

• Accumulated ice or snow outside entrances (especially common in Boston and Worcester winters)

• Recently mopped floors without signage

• Poor drainage creates puddles on walkways

​

These falls can cause severe injuries, including hip fractures, concussions, or back injuries, particularly for elderly victims.

​

Trip and Fall Hazards

Trip and fall accidents often result from uneven surfaces or unexpected obstructions. In cities like Springfield or Cambridge, these hazards might include:

​

• Cracked or raised sidewalks along busy pedestrian areas

• Loose carpeting or floor tiles in buildings

• Cluttered store aisles or exposed wiring in workspaces

​

Property owners can be held liable for resulting injuries if they fail to fix or warn visitors about such dangers.

​

Negligent Security

Inadequate security can also form the basis of a premises liability case, particularly if the injury occurred due to foreseeable criminal activity. Victims may have a valid claim if a landlord, hotel, or parking garage operator failed to provide:

​

• Adequate lighting in stairwells or parking lots

• Functioning locks or secure entrances

• Surveillance or security personnel in high-risk areas

​

A lack of basic safety measures in areas known for criminal activity, like near MBTA stations or college campuses, can expose property owners to legal liability.

​

Dog Bites and Animal Attacks

Massachusetts holds dog owners strictly liable for injuries caused by their pets, even on private property. If a dog bites a visitor or passerby and the victim is not trespassing or provoking the animal, the owner can be held financially responsible.

​

Other Unsafe Property Conditions

Additional types of premises liability cases may involve:

​

• Falling merchandise in retail stores

• Collapsing decks or staircases

• Poorly maintained elevators or escalators

• Exposed electrical wiring or fire hazards

​

These incidents often occur in apartment buildings, shopping centers, and hotels throughout Massachusetts.

Premises liability law is broad, but the central issue in every case is whether the property owner took reasonable steps to ensure the safety of visitors. If they fail to do so, a property injury attorney in Massachusetts can help you seek the compensation you deserve.

​

Proving a Property Injury Claim in Massachusetts

If you’ve been hurt on someone else’s property, whether in a slip and fall, a dog attack, or another type of accident, proving your case under Massachusetts premises liability law requires more than just showing that you were injured. You must demonstrate that the property owner or manager acted negligently and that their failure to maintain a safe environment directly led to your injuries.

​

Working with an experienced Massachusetts premises liability lawyer can make all the difference when it comes to building a strong case.

​

The Four Key Elements of a Premises Liability Claim

To succeed in a property injury claim, you (the plaintiff) must establish four essential legal elements:

​

• Duty of Care: You must show that the property owner owed you a legal duty to keep the premises reasonably safe. This typically applies to lawful visitors such as tenants, customers, guests, or employees.

• Breach of Duty: You must prove that the property owner failed to meet this duty. Examples might include not cleaning up a spill, failing to repair a broken handrail, or neglecting to provide proper lighting.

• Causation: It must be clear that the unsafe condition directly caused your injury. For example, if you slipped on ice that should have been salted and broke your ankle, you must show the fall resulted from the untreated ice, not another cause.

• Damages: You must demonstrate actual harm, such as medical bills, lost wages, pain and suffering, or long-term disability.

​

Evidence Is Critical

Because property owners and their insurance companies often deny responsibility, you’ll need strong evidence to support your claim. Useful evidence includes:

​

• Photographs or videos of the hazard

• Witness statements from people who saw the accident or the unsafe condition

• Accident reports, especially if filled out at a store or apartment complex

• Medical records documenting your injuries and treatment

• Inspection and maintenance records (often obtained by your attorney)

​

Comparative Negligence in Massachusetts

Massachusetts follows a modified comparative negligence rule. If you’re found to be partially at fault for your accident, say, not paying attention when you fell, your compensation may be reduced by your percentage of fault. However, you cannot recover damages if you're more than 50% at fault.

​

This makes it all the more important to work with a knowledgeable property injury attorney in Massachusetts who can investigate thoroughly and present a persuasive case on your behalf.

​

Massachusetts Premises Liability Lawyer Explains What to Do After a Premises Liability Accident

Suppose you’ve been injured due to unsafe conditions on someone else’s property. In that case, it's important to take the right steps immediately, whether it was a slip on icy stairs in Somerville or a fall on a poorly lit walkway in downtown Boston. These actions can protect your health and strengthen your claim should you decide to pursue compensation with the help of a Massachusetts premises liability lawyer.

​

Prioritize Your Health

Your safety comes first. If you’re seriously injured, call 911 or have someone nearby do so. Even if your injuries seem minor, getting checked out by a medical professional is important. Delaying care can worsen your condition and weaken your legal claim.

​

Report the Incident

Always report the accident to the property owner, manager, or supervisor. If it occurred in a business, ask to complete an incident report and request a copy for your records. Documenting the event helps create an official timeline and shows you took the incident seriously.

​

Gather Evidence

If you’re physically able, collect evidence at the scene. This can be crucial later when establishing liability.

​

Important items to document include:

​

• Photos of the hazardous condition (ice, spilled liquid, broken step, etc.)

• Names and contact information for witnesses

• The time, date, and location of the incident

​

Keep the clothes and shoes you were wearing; they may be relevant to your case.

​

Speak to a Massachusetts Premises Liability Lawyer Before the Insurance Company

After reporting the accident, you may be contacted by the property owner's insurance provider. Avoid giving a recorded statement or accepting any settlement offer until you’ve spoken with a property injury attorney in Massachusetts. They can help ensure you don’t unintentionally say something that undermines your claim.

​

Taking these steps can greatly increase your chances of receiving fair compensation and holding negligent property owners accountable. Early action is key, and legal guidance can make all the difference in protecting your rights.

Massachusetts Laws That Affect Your Premises Liability Claim

​

If you were injured due to unsafe conditions on someone else’s property, understanding the laws that apply to your case is critical. Massachusetts has specific statutes and legal principles that govern premises liability claims. These laws can impact everything from how long you have to file your case to how much compensation you may receive.

A knowledgeable Massachusetts premises liability lawyer can help you navigate these legal complexities and ensure your rights are protected.

​

Statute of Limitations

Massachusetts law gives injury victims three years from the date of the accident to file a premises liability lawsuit. This is known as the statute of limitations. If you miss this deadline, your case will likely be dismissed, no matter how strong your evidence is. There are limited exceptions, such as for minors or in cases where the injury wasn’t immediately discoverable, but in most situations, prompt legal action is essential.

​

Comparative Negligence Rule

Massachusetts follows a modified comparative negligence system. This means you can still recover compensation if you were partially at fault for your injury, as long as your share of fault is 50% or less. However, your compensation will be reduced by the percentage of your fault. For example, if you’re found 20% at fault for not noticing a warning sign, your total award would be reduced by 20%.

​

If you are found more than 50% at fault, you are barred from recovering any damages. This makes it vital to have a strong legal advocate who can defend against exaggerated claims of fault.

​

Claims Against Government Entities

If your injury occurred on public property, such as a city sidewalk in Boston or a state-run facility, different rules apply. Under the Massachusetts Tort Claims Act, you must file a written notice of your claim with the appropriate government agency within two years of the injury. Failing to do so can prevent you from pursuing compensation.

These laws significantly affect the outcome of your case. Whether your injury occurred at a private residence, retail store, or government property, consulting with a property injury attorney in Massachusetts early on ensures your claim meets all legal requirements and deadlines.

​

Compensation an Experienced Massachusetts Premises Liability Lawyer Can Secure for Victims

If you’ve been injured due to a hazardous condition on someone else’s property, you may be entitled to financial compensation for your losses. Premises liability cases can result in a wide range of damages, both physical and financial, and Massachusetts law allows injured individuals to seek recovery for the full impact of their injuries.

A skilled Massachusetts premises liability lawyer can help evaluate your case and fight for the compensation you deserve.

​

Economic Damages

Economic damages refer to the tangible financial losses you incur as a result of your injury. These can include:

​

• Medical expenses: Emergency treatment, hospital stays, surgery, physical therapy, medications, and future care costs.

• Lost wages: Income lost during your recovery period, including time missed from work, sick days, or reduced hours.

• Loss of earning capacity: If your injury results in a long-term or permanent disability that affects your ability to work, you may be entitled to future wage compensation.

• Property damage: If any of your personal belongings were damaged in the incident (e.g., a phone or glasses during a fall), those costs may also be recoverable.

​

Non-Economic Damages

Not all injuries are purely financial. Massachusetts also allows for non-economic damages, which address an accident's emotional and psychological toll. These may include:

​

• Pain and suffering: The physical discomfort and emotional distress caused by your injury.

• Loss of enjoyment of life: If your injuries limit your ability to engage in hobbies, exercise, or spend time with loved ones.

• Emotional distress: Anxiety, depression, or trauma resulting from the accident, especially in severe cases.

​

Factors That Influence Compensation

Several factors can impact the total value of your premises liability claim, such as:

​

• The severity and permanence of your injury

• Whether you were partially at fault (per Massachusetts’ comparative negligence rule)

• The strength of your evidence and documentation

• The willingness of the property owner’s insurance company to settle fairly

​

By working with an experienced property injury attorney in Massachusetts, you can ensure all avenues of compensation are explored and that your claim reflects the full scope of your losses.

​

Why You Need a Massachusetts Premises Liability Lawyer

Premises liability claims are rarely straightforward. If you’ve been injured due to unsafe conditions on someone else’s property, proving that the property owner was negligent and recovering fair compensation often involves navigating complex legal rules, dealing with insurance companies, and gathering solid evidence.

​

That’s why working with an experienced Massachusetts premises liability lawyer can be one of the most important decisions you make after an accident.

​

Proving Fault Requires Legal Skill

In Massachusetts, property owners are not automatically liable for every injury that happens on their premises. You must prove that the owner knew or should have known about the hazard and failed to take reasonable steps to fix it or warn you. Gathering evidence to support that claim, like security footage, maintenance records, or witness statements, requires legal know-how and investigative resources.

​

A premises liability attorney knows what to look for, how to preserve evidence, and how to build a strong case on your behalf.

​

Insurance Companies Aren’t on Your Side

Property owners and their insurance providers are often quick to deny responsibility or minimize payouts. They may argue that your injury was your fault or that the hazard wasn’t something they could have reasonably known about. Without legal representation, you may be pressured into accepting a lowball settlement or giving a statement that weakens your claim.

​

An experienced attorney can:

​

• Handle all communication with insurance companies

• Push back against unfair blame

• Negotiate aggressively to secure the compensation you deserve

​

Understanding State-Specific Laws

Massachusetts has specific laws that impact premises liability claims, including the three-year statute of limitations and modified comparative negligence rules. There are also strict procedures if your injury occurred on public or government-owned property. A seasoned property injury attorney in Massachusetts will ensure that your case complies with all legal requirements and deadlines.

​

Whether your accident occurred at a retail store in Boston, an apartment complex in Worcester, or a hotel in Springfield, a qualified attorney will be your advocate, fighting to protect your rights, hold negligent parties accountable, and help you move forward with confidence.

​

Speak With a Massachusetts Premises Liability Lawyer Today

If you’ve been injured on someone else’s property, you don’t have to face the legal process alone. Property owners and their insurers often work quickly to deny or downplay legitimate claims, but with the right legal representation, you can level the playing field. A skilled Massachusetts premises liability lawyer can investigate your case, protect your rights, and fight for the full compensation you need to recover physically, financially, and emotionally.

​

Call the Law Office of Michael J. Carroll today at (617) 816-1072 to schedule your free consultation. Let us help you take the next step toward justice and recovery.

​