Premises/Negligent Security Liability FAQs
Those who own property, rent or occupy property have certain obligations and upkeep that must be done in order to prevent accidents or injuries from happening to those legally on their property. When one fails to abide by these obligations and does not maintain their property they are considered to have breached their duty, and can be held liable for any accident or injury that happens on their property. If you have suffered an injury on someone else’s land due to negligent upkeep, it is critical to understand the laws that apply to premises liability.
The Attorney Injury Groups team of experienced personal injury lawyers have prepared some premises/negligent security liability FAQs to help you understand your legal rights. The following questions and answers are an introduction to Massachusetts premises liability and negligent security laws, but this does not substitute for proper legal advice.
At the Attorney Injury Group, we offer free no-obligation consultations to anyone who has suffered an injury on someone else’s property. Contact us today using our online form or via phone at 617-934-7000 to learn how we can help.
Frequently Asked Questions
What is premises liability?
Premises liability is a form of law that imposes legal consequences on a landowner or occupier who fails to maintain his or her property. As a property owner, you have a duty to guests to ensure that the property is safe.
What duty do landowners or occupiers owe to visitors?
A property owner or occupier of land owes a duty of responsible care to those who are legally on their property. It is required of the landowner or occupier to routinely inspect the premises to ensure its safety. If there are any dangers the land owner or occupier has to warn all invitees of said dangers and promptly correct all dangers. If you are a trespasser and therefore illegally on the property, you may only recover damages from the property owner or occupier of land, if their conduct was willful, wonton or reckless.
What is negligent security?
A special type of breach of duty under premises liability law is negligent security. If property owners have a reason to believe there is a potential danger to visitors they are obligated to use reasonable care to protect visitors from the known dangers. For instance, a grocery store that is aware of people getting robbed in the parking lot but fails to properly light the parking lot or implement other reasonable forms of safety measures may be liable for negligent security.
What do I have to prove, to make a claim against a landowner/occupier?
In order to be able to make a claim against a landowner or occupier you will need to be able to prove that the owner was negligent and breached his duty of reasonable care under the circumstances. This will vary depending on the location and circumstances of your case. You must also be able to prove that the negligence or breach of duty was the direct cause of your injury.
How can I make a premises liability case?
There are multiple forms of evidence that can be useful when building a successful premises liability case. This may include maintenance records, a history of past injuries and eyewitness testimony. The Attorney Injury Groups team of experienced premises liability lawyers will help you investigate your case to get the evidence you need.
Who am I suing?
You typically will sue either the property owner and/or the person in control of the property where you are injured. If you get hurt in the common area of an apartment building, the apartment owner should be sued. If you get hurt in your friend’s unit due to clutter or debris left around, then your friend should be sued. Most property owners are required to carry some form of homeowner’s insurance which typically pays the bills for defending premises liability claims and for damages that you are awarded.
Do I really need a lawyer?
In order to protect your legal rights it is always a good idea to have an experienced premises liability lawyer handling your case. Your lawyer may be able to help you settle your case outside of court for a fair sum, or assist you in building your case so you can win in court and get the compensation you deserve.
To learn more about how a Massachusetts premises liability/negligent security lawyer can help you if you are a victim of Massachusetts injury on someone’s property, Attorney Injury Group today at 617-934-7000 or using our online form.