Property owners across Massachusetts have a fundamental legal obligation, they must keep their premises reasonably safe for anyone lawfully on their property.

This duty extends to retail stores inspecting for spills, landlords repairing broken handrails, restaurants clearing icy walkways, and businesses maintaining adequate lighting in parking garages.

When property owners fail to meet this standard and someone suffers injury as a result, our experienced Boston premises liability lawyers can help you recover compensation for your injuries.

At The Law Office of Burns Jain, we understand how property accidents disrupt lives, medical bills mount while you’re unable to work, insurance adjusters pressure you to accept inadequate settlements, and the physical pain compounds daily stress.

Our premises liability attorneys in Boston handle every aspect of your claim while you focus on recovery. We investigate the scene, secure surveillance footage before it’s deleted, work with liability experts when needed, and fight for compensation that covers all your losses.

You pay nothing unless we win your case. Contact us for a free case evaluation to learn more about how we can assist you with your claim.

What Is Premises Liability in Massachusetts?

Premises liability is the legal rule requiring property owners to maintain reasonably safe conditions for people who have permission to be on their property.

This means owners must regularly inspect their premises, fix dangerous conditions, or warn visitors about hazards they cannot immediately repair.

The level of care owed depends on your legal status when the accident occurred:

• Invitees: Customers and business visitors receive the highest protection, with owners required to actively search for and eliminate dangers.
• Licensees: Social guests are owed warnings about known hazards that aren’t obvious.
• Trespassers: Generally receive minimal protection, though owners cannot intentionally harm them.

Massachusetts courts apply a “reasonable care” standard, meaning property owners must act as a reasonably prudent person would under similar circumstances.

Who Can Be Held Liable After a Property Accident?

Multiple parties often share responsibility for maintaining safe premises, and our Boston premises liability lawyers identify every potential defendant to maximize your compensation. Liability depends on who had control over the hazardous area and the legal duty to keep it safe.

Potentially responsible parties include:

• Property owners: The individuals or entities who own the land or building.
• Property management companies: Businesses hired to maintain and operate the premises.
• Commercial tenants: Stores, restaurants, or offices that lease space and control specific areas.
• Maintenance contractors: Companies responsible for cleaning, repairs, or snow removal.
• Security firms: Businesses hired to provide safety and crime prevention services.

Elements Required to Prove Your Massachusetts Premises Liability Case

To win your premises liability claim, our Boston personal injury attorneys must establish four essential legal elements. Simply being injured on someone’s property isn’t enough,  we must prove the property owner’s negligence directly caused your harm.

The required elements are:

1. Duty: The defendant owed you a legal obligation to maintain safe conditions or warn of dangers.
2. Breach: They failed to meet this duty by creating, ignoring, or inadequately addressing a hazardous condition.
3. Causation: Their negligence was the direct cause of your accident and injuries.
4. Damages: You suffered actual losses like medical bills, lost income, and pain requiring compensation.

Massachusetts follows a modified comparative negligence rule, allowing you to recover damages even if you’re partially at fault, as long as your responsibility is 50% or less.

Common Types of Premises Liability Cases We Handle

Our firm represents clients injured in various property accidents throughout Massachusetts. We understand how these incidents impact families and fight aggressively for full compensation.

Slip and Fall Accidents on Snow and Ice

Massachusetts property owners must act reasonably to remove both natural and artificial snow and ice accumulations. They cannot simply wait for storms to end and must take prompt action to clear walkways and treat slippery surfaces.

After an accident involving a slip and fall, we investigate whether property owners failed to salt walkways, ignored icy conditions, or created dangerous accumulations through poor drainage or snow piling practices.

Stairway and Handrail Defects

Defective stairs cause serious injuries when property owners ignore safety violations. We examine cases involving:

• Missing or loose handrails: Required by Massachusetts building codes for stairs with more than three steps.
• Uneven or broken steps: Creating trip hazards that violate construction standards.
• Inadequate lighting: Making it difficult to see stair edges and potential dangers.
• Slippery surfaces: Stairs without proper traction materials during wet conditions.

Negligent Security and Criminal Attacks

Property owners must provide reasonable security when criminal activity is foreseeable based on the location’s history. If previous assaults, robberies, or break-ins occurred on the premises, owners may be liable for failing to implement adequate protective measures.

Our attorneys investigate whether properties should have installed security cameras, improved lighting, hired security guards, or restricted access to vulnerable areas.

Elevator and Escalator Malfunctions

These mechanical systems require regular inspections and maintenance documented by law. When elevators suddenly drop, doors malfunction, or escalators jam, the building owner or maintenance company may be liable for your injuries.

Our Boston premises liability attorneys review maintenance records, inspection reports, and manufacturer guidelines to prove negligence. Some equipment failures may involve strict liability, making recovery more straightforward.

Deck and Porch Collapses

New England’s harsh weather constantly attacks wooden structures, causing rot and weakness that property owners must address, creating hazards similar to those found at construction accidents sites. Decks and porches collapse most often during gatherings when weight limits are exceeded on already-compromised structures.

We investigate building permits, construction methods, and maintenance history to identify code violations and negligent upkeep.

Retail Store Hazards

Massachusetts applies the “mode of operation” rule to self-service establishments, holding them liable for foreseeable accidents even without specific notice of the exact hazard. This rule covers predictable dangers like:

• Spills in produce sections: Where water and debris regularly accumulate.
• Falling merchandise: From improperly stocked or overloaded shelves.
• Wet floors near freezer sections: Where condensation creates slippery conditions.

Dog Attacks on Private Property

Massachusetts enforces strict liability for dog bites, meaning owners are responsible regardless of the animal’s previous behavior. When attacks occur on private property, we also examine premises liability issues like inadequate fencing, failure to restrain aggressive animals, or allowing dangerous dogs in areas with children.

Contact us today for a free evaluation if you’ve been injured in any of these situations, we handle all premises cases on contingency.

Steps to Take Immediately After Your Accident

Your actions in the first hours after an accident significantly impact your ability to recover fair compensation. Taking the right steps preserves crucial evidence and protects your legal rights.

Report the Incident and Seek Medical Attention

Always notify the property owner, manager, or employee immediately to create an official accident record. Get medical care promptly, even for seemingly minor injuries, as some conditions worsen over time and early treatment documents the connection between your accident and injuries.

Document the Scene and Preserve Evidence

Use your phone to photograph the hazard from multiple angles before it’s cleaned or repaired. If you slipped on a substance, preserve your shoes in a sealed bag as evidence of what caused your fall.

Take pictures of your injuries and any torn or damaged clothing.

Request Video Preservation

Many businesses use security cameras, but surveillance footage is often kept only for a short time, so you should request preservation promptly. Send written notice immediately asking the property owner to preserve all video from the time of your accident.

Collect Witness Information

Get full names and contact information from anyone who saw your accident. Ask them to describe what they observed and whether they noticed the dangerous condition before your fall.

How Massachusetts Comparative Negligence Affects Your Case

Insurance companies routinely try to blame accident victims to reduce claim payouts. They may argue you were distracted, walking too fast, or should have noticed an “obvious” hazard.

Under Massachusetts law, these arguments don’t automatically prevent recovery. Even when hazards are visible, property owners may still be liable if they should have anticipated that visitors might be distracted or fail to notice the danger.

You can recover damages as long as you’re found 50% or less responsible for the accident. Your final award gets reduced by your percentage of fault, but you still receive compensation for the majority of your losses.

Compensation Available in Premises Liability Cases

Serious accidents often result in extensive damages beyond initial medical treatment. Our skilled attorneys pursue compensation for all your losses, including future expenses and impacts you may not have considered.

Available damages include:

• Medical expenses: All costs for emergency treatment, surgery, rehabilitation, medication, and future medical care.
• Lost income: Wages you’ve already missed plus reduced earning capacity if injuries affect your ability to work.
• Pain and suffering: Compensation for physical discomfort and emotional distress caused by your injuries.
• Scarring and disfigurement: Additional damages if your injuries result in permanent visible marks or deformity.
• Loss of enjoyment: Compensation when injuries prevent you from participating in activities you previously enjoyed.

We also negotiate to reduce medical liens and subrogation claims to maximize your net recovery.

Critical Deadlines for Massachusetts Premises Liability Claims

Most premises liability cases must be filed within three years under Massachusetts General Laws Chapter 260, Section 2A. However, claims against government entities have much shorter deadlines that can permanently bar your case if missed.

Government Property Claims

Accidents on city, town, or MBTA property require that you provide written notice within 30 days of your injury. The notice must include specific information about the dangerous condition and be sent to the correct government office.

You then have two years from the accident date to file a lawsuit, but the 30-day notice requirement is strictly enforced with very limited exceptions.

Public Way Defects

Injuries caused by sidewalk defects, potholes, crosswalk ramp injuries, or snow and ice on public ways require 30-day written notice to the responsible municipality. This deadline applies even if you don’t immediately realize the full extent of your injuries.

How We Build Your Premises Liability Case

We handle every aspect of your case while you focus on recovery. Our thorough approach ensures no detail gets overlooked and maximum compensation gets recovered.

Comprehensive Site Investigation

We visit the accident location to photograph and measure the defect, review applicable building codes and safety regulations, and check for any history of prior accidents or complaints about the same hazard.

Our investigation often reveals that property owners knew about dangerous conditions but failed to take corrective action.

Expert Witness Coordination

Complex cases require specialized knowledge to prove negligence. We work with structural engineers for building defects, security experts for inadequate protection claims, and medical professionals to document your injuries and prognosis.

We also send spoliation letters requiring property owners to preserve evidence like maintenance records, incident reports, and employee training documents.

Aggressive Settlement Negotiation

While most cases settle without trial, we prepare every case for court from day one. Insurance companies know we have the experience and resources to win at trial, giving us significant leverage in settlement negotiations.

We never recommend accepting inadequate offers and fight for compensation that truly covers all your losses.

Why Choose The Law Office of Burns Jain

Our firm combines extensive personal injury trial experience with deep knowledge of legal malpractice law. This unique background ensures your case gets handled properly from start to finish.

Our Advantage	How It Benefits You
Direct partner involvement	You work with experienced attorneys, not paralegals or assistants
Trial-ready preparation	Insurance companies know we’re prepared to fight in court if necessary
Legal malpractice expertise	We can identify and correct mistakes if your previous lawyer mishandled your case
Clear communication	Regular updates ensure you always know your case status

We’ve represented clients throughout Massachusetts for decades, building a reputation for thorough preparation and successful outcomes through 35 years of legal experience in Massachusetts.

Court Venues for Boston Area Premises Cases

Where your case gets filed depends on the accident location and the amount of damages you’re seeking. We have extensive experience in all relevant Massachusetts courts.

Local and Superior Courts

Cases with damages under $50,000 typically go to Boston Municipal Court or the appropriate District Court. Higher-value cases get filed in Suffolk Superior Court or the Superior Court for the county where your accident occurred.

Frequently Asked Questions

Can I Sue if I Fell During a Snowstorm?

Yes, if the property owner failed to take reasonable steps to address the snow and ice conditions, but timing and weather conditions affect the analysis.

How Long Do Stores Keep Security Video?

Most surveillance systems automatically delete footage after 7-30 days, so immediate written preservation requests are critical.

Should I Talk to the Property Owner’s Insurance Company?

Never give recorded statements or sign documents without consulting an attorney first, as these create misconceptions in settlement of personal injury cases that insurance companies use to deny claims.

What if Multiple Parties Might Be Responsible?

We investigate all potentially liable parties, including property owners, management companies, tenants, and contractors to maximize your recovery.

Does an “Obvious” Hazard Prevent Me from Recovering?

Not necessarily,      property owners may still be liable if they should have anticipated that visitors might be distracted or fail to notice the danger.

Can I Still Win if I Was Partially at Fault?

Yes, Massachusetts allows recovery as long as you’re 50% or less responsible for the accident.

What if I Fell on City Property?

Government claims have very short notice deadlines, sometimes just 30 days, so immediate action is essential.

Can You Help if My Previous Lawyer Made Mistakes?

Yes, our legal malpractice experience allows us to identify and pursue claims against attorneys who negligently handled premises liability cases.

Contact a Boston Premises Liability Attorney Today

You shouldn’t have to suffer financially because someone else failed to maintain safe property conditions. We understand you’re dealing with pain, medical bills, and uncertainty about your future.

Don’t let evidence disappear or deadlines pass while you wait. Call The Law Office of Burns Jain at 617-362-7100 or complete our online form for your free, confidential consultation. You focus on healing, we’ll handle everything else.