Don’t wait to get the answers and justice you deserve; your time to act may be limited under Massachusetts law. Contact the Law Office of Michael J. Carroll by calling (612) 816-1072 now to learn how we can help protect your rights and secure fair compensation for your injuries.

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Property owners in Massachusetts are legally responsible for maintaining safe premises. When they fail in that duty, serious accidents can occur, leading to broken bones, traumatic brain injuries, and long-term disabilities.

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If you or a loved one has been harmed due to unsafe conditions on someone else’s property, understanding the property owner's duty in Massachusetts is the first step toward holding the responsible party accountable. An experienced Massachusetts premises liability lawyer can help you pursue justice and secure the compensation you need to recover.

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What Is a Property Owner’s Legal Obligation in Massachusetts?

Under Massachusetts law, property owners and those in control of premises (such as business managers or landlords) have a legal obligation to visitors in Massachusetts to maintain their property in a reasonably safe condition. This responsibility applies to both residential and commercial properties, including:

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• Apartment complexes and condo buildings

• Grocery stores and shopping malls (like the Natick Mall or Cambridgeside Galleria)

• Office parks along I-95 and Route 128

• Parking lots and garages near MBTA stations

• Hotels, restaurants, and venues along Newbury Street and the North End

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The level of care owed depends on the status of the visitor, whether they are considered an invitee, licensee, or trespasser.

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Types of Visitors Under Massachusetts Law

Massachusetts distinguishes between different categories of people who enter property:

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• Invitees: These are individuals who enter a property for business purposes, like customers in a store or clients in an office. Invitees are owed the highest duty of care, including regular inspections and warnings about hazards.

• Licensees: These include social guests or individuals entering for personal reasons. Property owners must warn licensees of known dangers that aren’t obvious.

• Trespassers: Property owners owe a limited duty to trespassers, but they cannot willfully cause harm. For child trespassers, especially if an “attractive nuisance” is present (like an unfenced pool), owners may still be liable.

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Understanding these distinctions is essential for determining whether a premises liability claim is viable.

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Common Breaches of Property Owner Duty

When property owners neglect their responsibilities, it can result in a wide range of hazards and preventable accidents. Some of the most frequent breaches include:

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• Failure to clean spills, leading to slip and fall accidents

• Broken stairways or handrails in multi-level buildings

• Inadequate lighting in parking garages or hallways

• Uncleared snow and ice on walkways or driveways

• Negligent security in high-crime areas

• Faulty elevators or escalators in malls or transit centers

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These violations can cause serious injuries and expose property owners to liability.

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Proving Liability: What You Need for a Strong Claim

To hold a property owner liable for injuries, your attorney must establish that the owner breached their legal duty and that the breach caused your injuries. This involves proving:

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• The property owner had a duty to keep the premises reasonably safe.

• They knew or should have known about the hazardous condition.

• They failed to correct or warn about the danger.

• You suffered an injury as a direct result.

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Evidence in a premises liability case may include:

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• Surveillance footage from businesses or apartment buildings

• Maintenance logs and incident reports

• Witness statements from others present at the scene

• Photos of the dangerous condition

• Medical records documenting your injuries

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Working with a knowledgeable Massachusetts premises liability lawyer ensures that no crucial detail is overlooked.

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The Role of Comparative Negligence in Massachusetts

Massachusetts follows a modified comparative negligence rule. This means that if you are partially at fault for your injury, such as by ignoring warning signs, your compensation may be reduced proportionally. However, you can still recover damages if your share of fault is 50% or less.

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For instance, if you were injured in a fall on poorly lit stairs in an apartment near Commonwealth Avenue but were found 20% responsible for being distracted, your total recovery would be reduced by 20%. If you’re more than 50% at fault, you cannot recover damages.

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Special Duty for Snow and Ice Removal

Massachusetts has specific case law requiring property owners to take reasonable steps to remove snow and ice from their premises. Following the Papadopoulos v. Target Corp. decision, Massachusetts courts no longer distinguish between natural and unnatural accumulations. Property owners must now take timely, reasonable action to address slippery conditions, particularly after snowstorms in areas like Worcester, the South Shore, or Western Massachusetts.

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Failing to treat walkways, stairs, or parking areas in a reasonable time can form the basis of a premises liability claim.

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Injuries Commonly Associated with Unsafe Properties

Property-related accidents can cause injuries that go far beyond simple bruises. Many victims suffer long-term health issues, including:

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• Fractures and dislocations

• Spinal cord damage

• Concussions or traumatic brain injuries

• Deep lacerations or scarring

• Chronic back pain or nerve damage

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These injuries may require extended hospital stays, physical therapy, or even permanent lifestyle adjustments. Victims are entitled to pursue compensation for these losses and for the emotional trauma they cause.

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Compensation Available to Injury Victims

If you’ve been harmed by a property owner’s negligence, you may be entitled to financial compensation for a variety of damages, including:

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• Medical expenses (past and future treatment, rehab, prescriptions)

• Lost income and future earning potential

• Pain and suffering

• Emotional distress or PTSD

• Loss of quality of life or enjoyment

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A Massachusetts premises liability lawyer will assess the full value of your case and fight for a fair settlement or court award.

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What to Do After a Property-Related Injury

The moments after a premises-related injury are critical for protecting your legal rights. Here are a few steps to take:

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• Seek immediate medical attention, even if injuries seem minor

• Report the incident to the property manager or landlord

• Take photos or videos of the hazard and your injuries

• Collect witness names and contact information

• Avoid giving detailed statements to insurance adjusters until you speak to an attorney

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These actions can make a significant difference in building a strong case for compensation.

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The Importance of Legal Representation

Massachusetts premises liability law can be nuanced and complex. Property owners and their insurers may deny responsibility, claim they were unaware of the hazard, or argue that your actions contributed to the injury. Having a skilled attorney by your side levels the playing field.

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An experienced lawyer can:

• Launch a thorough investigation into the property’s safety history

• Identify code violations or prior complaints

• Work with medical and safety experts

• Handle all communication with insurers

• Fight for maximum compensation in court, if necessary

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Meet the Attorney: Dedicated to Protecting the Injured

The founder and principal attorney of our firm brings a wealth of experience and dedication to every case. Born in Providence, Rhode Island, he served in the U.S. Coast Guard, gaining a deep sense of duty and discipline that now defines his legal career. He later earned his J.D. from Suffolk University Law School in Boston, where he graduated cum laude.

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As a seasoned litigator, he is admitted to practice in both Massachusetts and Rhode Island and focuses his practice on protecting victims of negligence, including those injured due to unsafe or poorly maintained properties. His commitment to client advocacy is rooted in both personal integrity and a passion for justice.

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When Property Owner Negligence Becomes a Legal Liability

Negligence occurs when a property owner fails to act as a reasonable person would under similar circumstances, resulting in harm to a lawful visitor.

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In a premises liability context, this might involve ignoring broken lighting in a stairwell, failing to repair loose flooring in a retail store, or neglecting to address icy walkways in the aftermath of a winter storm. Once this negligence leads to an injury, the property owner's duty in Massachusetts becomes more than just a moral obligation; it transforms into a legal liability.

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For example, if a tenant repeatedly reports a leaking ceiling in their Dorchester apartment building and the landlord fails to make repairs, that property owner could be held responsible if the water causes a slippery surface and someone falls. The same applies to businesses that neglect safety precautions in high-traffic areas like the Prudential Center or Fenway Park.

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To prove negligence, it must be shown that the danger was foreseeable and preventable, yet the property owner did not take reasonable steps to fix or warn about the hazard. A skilled Massachusetts premises liability lawyer can help uncover these failures and hold negligent property owners accountable for the harm they cause to unsuspecting visitors and tenants.

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Speak With a Massachusetts Premises Liability Lawyer Today

If you’ve been injured because a property owner failed to uphold their legal duty, you don’t have to face the aftermath alone. You deserve answers, accountability, and fair compensation. Let a trusted legal advocate guide you through every step of the legal process.

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Call The Law Office of Michael J. Carroll today at (612) 816-1072 to schedule a free consultation with a knowledgeable Massachusetts premises liability lawyer. We’re ready to stand by your side and fight for the justice you deserve.