Premises Liability

Cappetta Law Offices is dedicated to providing you with experienced legal service in premises liability law. We promptly answer your questions and address your concerns, fighting for you at no cost until we win your case. Our recovery of fees depends on your success. You pay nothing unless we recover compensation for you. Our offices in Natick and Framingham serve injury victims in Middlesex County and throughout Massachusetts.

PROPERTY OWNERS AND INVITEES

Premises liability law holds property owners responsible for injuries sustained on their premises. This is because property owners have a legal duty to protect invitees from unreasonable harm. Invitees are distinguished from trespassers in their right to enter and stay on the premises. They include private or public guests, employees, contractors, shoppers, or anybody on the property for a legitimate purpose. Private or public employees such as meter-readers, mail persons, and handymen are all invitees. Trespassers, on the other hand, are those who enter the property by force, without permission, or to conduct illegal activity. Property owners owe trespassers no legal duty of care. Only invitees are entitled to damages for injuries sustained on the property.

DANGEROUS CONDITIONS ON PROPERTY

Property owners must fulfill their duty of reasonable care. This duty requires protecting invitees from injury caused by a dangerous condition. Dangerous conditions on property include:

  • Vicious pets
  • Power failure
  • Uneven steps
  • Slippery floors
  • Broken fixtures
  • Spilled beverages
  • Fallen merchandise
  • Third-party violence

An otherwise benign aspect of the property can become dangerous if its presence would result in foreseeable harm. Injuries caused by dangerous conditions may involve:

  • Dog bites, mauling
  • False imprisonment
  • Electrocution, burns
  • Slip-and-fall accidents
  • Fractures, broken bones
  • Assault, robbery, or theft
  • Brain or spinal cord damage
  • Permanent scarring, disability
LEGAL LIABILITY FOR INJURIES

When property owners fail to protect invitees from unreasonable harm, they breach a legal duty resulting in liability. Owners, landlords, contractors, and employers may all be responsible under premises liability law. This is because they are parties presumably “in control” of the property and therefore responsible for its maintenance. The duty to protect invitees from injury may involve:

  • Routine inspections
  • Posting clear warnings
  • Replacing broken fixtures
  • Blocking off dangerous areas
  • Providing protective garments
  • Removing dangerous equipment
  • Complying with OSHA guidelines
  • Providing cameras, guards, or security

In order to constitute “foreseeable” harm, the injury must have been caused by a dangerous condition that the owner either knew or “should have known” existed. Prior accidents, recurring injuries, and reported complaints are all circumstances that put owners on notice of danger. They must then either prevent or repair the dangerous condition before it causes further damage. If owners fail to remediate a known danger, they are negligent, and therefore liable for any resulting injuries. Injured parties may recover damages in a premises liability claim.

A MASSACHUSETTS PERSONAL INJURY LAWYER DEDICATED TO HELPING YOU

If you were injured by a preventable accident caused by a dangerous condition on property, contact Massachusetts premises liability lawyer Daniel J. Cappetta today. Cappetta Law Offices thoroughly investigates your case to identify all liable parties and help to achieve the best outcome possible in your case. Rest assured that in-person and phone consultations are always free and you never have to pay attorney’s fees unless we win your case. We only get paid if you do. Let us handle the legal issues and optimize your chances of relief. At Cappetta Law Offices, we are dedicated to helping you obtain the compensation you deserve. Call (508) 969-9505 any time for a free consultation or contact us online.

Contact Us
Free Consultation
Contact Us