Premises Liability
Defective stairways, potholes, wet floors, uneven landscaping, produce on a grocery store floor and unmarked step-downs are all examples of hazards that contribute to causing falls and physical injuries. This area of the law is commonly known as premises liability. Property owners may be liable to injured individuals for hazardous conditions that they should have repaired.
Overview
The law in Massachusetts requires all property owners to maintain their property with reasonable care. Reasonable care is best described as the level of caution and concern for the safety of oneself and others that a careful person would use under the circumstances. At Dolan Connly, P.C., we have over two decades of experience representing clients who have been injured because of negligent maintenance or other dangerous property conditions.
Types of Injuries
Falls on Snow and Ice
In New England, one of the more common areas of premises liability law concerns individuals who are seriously injured as a result of falls on ice. We have handled hundreds of cases regarding falls on snow and ice, including tenants who were injured due to a landlord’s failure to remove snow and ice from common areas and individuals injured on the sidewalks of Boston.
Negligent Security
Some slips and falls that occur on common property can be caused by negligent security. The individuals are injured in areas where there is poor lighting or a lack of lighting, such as a parking garage, parking lot or a hallway. A property owner is required to provide adequate lighting so that individuals entering upon the property are not put in harm’s way.
FAQ
- Can I bring a claim against a property owner if I slipped and fell on ice or snow?
- Can lighting play a factor in slip and fall cases? What if I fell in the dark?
- Who could be held responsible when someone is hurt in a fall in a common area?
Can I bring a claim against a property owner if I slipped and fell on ice or snow?
The law regarding falls on snow and ice used to require a confusing determination as to whether the snow and ice was a natural or unnatural accumulation. Now, the law requires a determination as to whether or not the property owner acted with reasonable care under the circumstances. The circumstances might include the responsibilities for snow removal under the terms of a lease, or for a business which is open for individuals to enter upon its premises the morning after a snowstorm.
