If you suffered an injury on someone else’s property, you may have a legal claim. Property owners have a responsibility to maintain reasonably safe conditions for visitors. When they fail to do so, and someone is injured as a result, the injured person may be able to pursue compensation.
Law Offices of Ronald J. Resmini, Accident & Injury Lawyers, Ltd. handles premises liability matters in Seekonk and throughout Massachusetts. Our attorneys understand the laws that protect you. We work on a contingency fee basis, meaning you pay no attorney fees unless we recover compensation for you. Learn more about Law Offices of Ronald J. Resmini, Accident & Injury Lawyers, Ltd. and our commitment to client service.
What Is Premises Liability?
Premises liability is a type of legal claim for injuries that happen on someone else’s property. A property owner may be responsible if they failed to maintain reasonably safe conditions or warn visitors of dangers.
This can apply to many types of properties:
- Retail stores and shopping centers
- Restaurants and bars
- Office buildings
- Apartment complexes
- Hotels and motels
- Parking lots
- Sidewalks and public areas
- Private residences
The key question is whether the property owner knew (or reasonably should have known) about the dangerous condition. If they did, they had a duty to fix it within a reasonable time or warn visitors. This principle is central to premises liability law. Understanding property owner liability is crucial when pursuing a personal injury claim.
Slip and Fall Accidents
Slip and fall accidents are one of the most common types of premises liability claims. These injuries happen when someone loses their footing and falls on a property. If you’ve been injured in a slip and fall accident in Seekonk, our experienced attorneys can help.
Common causes of slip and fall accidents include:
- Wet floors from spills, cleaning, or rain
- Ice and snow on walkways or parking lots
- Broken or cracked flooring and tiles
- Missing or broken handrails on stairs
- Poor lighting in hallways and stairwells
- Torn or curled carpeting
- Objects left in walkways
Many slip and fall accidents seem minor at first. However, falls can cause serious injuries. Broken bones, head and brain injuries, and spinal damage are common results. Older adults face a particular risk from fall injuries. Snow and ice injuries are also a significant concern in Massachusetts winters.
Other Types of Premises Liability Claims
Slip and fall incidents are common, but premises liability covers many injury types. Understanding the full scope of premises liability law helps you recognize if you have a valid claim.
Inadequate security claims arise when property owners fail to provide reasonable protection. If a criminal act was foreseeable based on the circumstances, the owner may be liable for injuries.
Defective conditions can include:
- Broken railings or handrails
- Falling objects from shelves or signs
- Unsafe equipment or machinery
- Structural defects like holes in floors
- Malfunctioning doors or gates
- Unsafe swimming pools or recreational areas
Property owners must maintain their buildings and grounds with reasonable care. They must also warn visitors of known dangers that are not obvious. We also handle construction accidents that occur on poorly maintained properties.
The Four Elements of a Premises Liability Claim
To succeed in a premises liability case, you generally must prove four things:
- Duty: The property owner owed you a duty of care. This is usually clear. Owners must keep their property reasonably safe for lawful visitors.
- Breach: The owner failed to maintain safe conditions or warn of dangers. They either created the hazard or knew (or should have known) about it and did not take reasonable steps to address it.
- Causation: The dangerous condition directly caused your injury. Your fall or accident would not have happened without the hazard.
- Damages: You suffered real injuries and losses. This can include medical bills, lost wages, pain and suffering, and other harms.
All four elements must be proven. Our attorneys gather evidence to support each one. Understanding negligence principles is essential to building a strong case. We also evaluate catastrophic injury claims when premises liability results in severe, life-altering injuries.
Massachusetts Comparative Negligence Rule
Massachusetts follows a “modified comparative negligence” rule. This means you may recover compensation even if you were partially at fault. This is an important protection for injured people throughout the state.
However, there is a limit. You cannot recover if you were more than 50% responsible for your injury. If you were 50% or less at fault, you can still bring a claim.
Your compensation is reduced by your percentage of fault. Here are two examples:
- Example 1: You slip on a wet floor in a store. The store failed to clean up a spill or post a warning sign. A jury awards $100,000 in damages. However, you were wearing inappropriate shoes for the weather. The jury finds you 20% at fault. You recover $80,000 ($100,000 minus 20%).
- Example 2: You fall down stairs with broken railings. The property owner knew about the broken railings for months. A jury awards $100,000. You were 25% at fault for not using the handrail. You recover $75,000 ($100,000 minus 25%).
This rule can protect injured people. You may still recover even if you made a mistake. For more details on how comparative negligence affects your case, contact Law Offices of Ronald J. Resmini, Accident & Injury Lawyers, Ltd. today. Learn more about understanding comparative negligence in Massachusetts.
Types of Compensation in Seekonk Premises Liability Cases
If you succeed in your case, you may be able to recover several types of compensation:
- Medical Expenses: All costs related to your injury, including emergency care, surgery, hospital stays, physical therapy, and ongoing treatment.
- Lost Wages: Income you lost while recovering from your injury. This can include time off work for medical appointments and rehabilitation.
- Pain and Suffering: Compensation for physical pain, emotional distress, and reduced quality of life caused by your injury. Understanding economic damages vs. non-economic damages can help you understand what compensation you may receive.
- Permanent Disability: If your injury causes lasting damage, you may recover compensation for permanent limitations and reduced earning capacity.
The Statute of Limitations For Seekonk Premises Liability Claims
You have a limited time to file a premises liability lawsuit in Massachusetts. In many cases, the statute of limitations is three years from the date of your injury.
This deadline is important. If you miss it, you may lose your right to sue. You generally cannot recover compensation after the deadline passes. Understanding how long you have to file a personal injury lawsuit in Massachusetts is critical to protecting your rights.
Contact an attorney as soon as possible after your injury. Do not wait until the deadline approaches, as investigations and case preparation take time. Law Offices of Ronald J. Resmini, Accident & Injury Lawyers, Ltd. is ready to help you understand your rights and options.
Why Choose Law Offices of Ronald J. Resmini, Accident & Injury Lawyers, Ltd.?
Our attorneys have extensive experience handling premises liability claims throughout Seekonk, Massachusetts, and the surrounding region. We understand Massachusetts premises liability law and what is required to prove a case. Learn more about our team of experienced attorneys.
We handle each case with care and attention to detail. We investigate thoroughly, gather evidence, and work to build a strong case for you. We are prepared to take cases to trial when that is in the client’s best interests. Our firm has been recognized for excellence in personal injury law and has recovered millions for our clients.
We work on a contingency fee basis. You pay no attorney fees unless we recover compensation for you. This fee structure allows many injured people to pursue claims without upfront attorney fees. See our case results to learn about the successful outcomes we have achieved for our clients. We also provide testimonials from satisfied clients who have benefited from our representation.
Contact Law Offices of Ronald J. Resmini, Accident & Injury Lawyers, Ltd. Today
If you suffered an injury on someone else’s property, contact our Seekonk personal injury lawyers for a free consultation. We will discuss your injury, explain your legal options, and answer your questions. Call 401.444.4444 to schedule your free consultation.
We serve clients throughout Massachusetts, including Attleboro, New Bedford, and surrounding communities. If you’re in the area, we also serve Fall River and all of Rhode Island.