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Boston Premises Liability Attorneys

Holding Property Owners Responsible for Unsafe Conditions

When a property owner makes their space open to the public, they have a responsibility to ensure there are no unreasonable hazards that would put people’s safety at risk. If you have fallen or been otherwise injured at a store or even in someone’s home, you could have grounds for an injury claim.

Mitcheson & Lee LLP has a team of proven premises liability lawyers who have represented victims of injury throughout Boston. We know premises liability laws inside and out, and can help you determine whether or not you have a valid claim. If there is cause for legal action, we can investigate the circumstances of your accident and help you fight for the recovery you deserve.

Initial consultations at Mitcheson & Lee LLP are offered at no charge. Contact us today by completing our message form or calling (617) 934-3207 to get started.

Overview of Premises Liability Law in Massachusetts

A key factor in premises liability law is whether the plaintiff was a legal guest or a trespasser. If you were legally admitted to a property and are injured in an accident, you can file a claim so long as it can be proved the property owner could have taken greater precautions to protect you. For example, most plaintiffs will have a valid claim if they were injured in a fall caused by slippery floors. However, if that fall was the result of a spill that happened mere seconds before, courts may find that the property owner did not have reasonable opportunity to remedy the problem and rule in favor of the defendant.

Some common premises liability hazards include:

  • Uneven floors or carpeting

  • Wet floors without noticeable caution signs

  • Swimming pools without lifeguards

  • Insufficient lighting

  • Exposed electrical wiring

  • Insufficient security

  • Unstable or overstocked shelves

  • Uncleared snow and ice in winter

Owners of private property have greater protections when a trespasser is injured on their premises, but that does not mean they are completely free of liability. While a trespasser cannot file a claim for an injury sustained through their own carelessness, they do have a right to legal action if the property owner took unreasonable action to protect their land knowing trespassers were a possibility. This includes setting dangerous traps like bear traps or spring action guns specifically to stop human trespassers.

Child Injuries and the Attractive Nuisance Doctrine

The attractive nuisance doctrine is a legal statute that defines property owner liability in the event that a child is injured. Although many states observe the doctrine as common law, Massachusetts has codified the doctrine into state law.

An “attractive nuisance” is essentially anything that could cause a child to wander onto a property and become harmed. For example, a child could enter a neighbor’s yard because they want to play in an unfenced pool and be injured as a result. The attractive nuisance doctrine states that property owners have a legal right to protect children from hazards on their property, and leaves young children from being labeled as trespassers.

In Massachusetts law, the attractive nuisance doctrine states that “Any person who maintains an artificial condition upon his own land shall be liable for physical harm to children trespassing thereon if:

  • The place where the condition exists is one upon which the land owner knows or has reason to know that children are likely to trespass;

  • The condition is one of which the land owner knows or has reason to know and which he realizes or should realize will involve an unreasonable risk of death or serious bodily harm to such children;

  • The children because of their youth do not discover the condition or realize the risk involved in intermeddling with it or in coming within the area made dangerous by it;

  • The utility to the land owner of maintaining the condition and the burden of eliminating the danger are slight as compared with the risk to children involved; and

  • The land owner fails to exercise reasonable care to eliminate the danger or otherwise to protect the children.”

The Boston premises liability attorneys of Mitcheson & Lee LLP can help if you, your child, or another member of your family was injured because of a property owner’s negligence. Contact us today for a free consultation.

Discuss Your Legal Rights During a Complimentary Consultation

The emotional, physical, and financial toll on victims of premises liability accidents can be substantial. This area of law can be complex, and many people do not realize they had a right to pursue legal action. If you were injured while on someone else’s property, contact the knowledgeable Boston premises liability lawyers at Mitcheson & Lee LLP today to discuss your rights for legal recourse.

To arrange your free consultation, call us at (617) 934-3207.