Defective Property Conditions
A property owner has a certain responsibility to maintain the property in a manner that will not expose visitors to an unreasonable risk of injury. Despite this clear standard, there are some property owners that shirk their responsibility or that simply fail to address defective property conditions. Some of the most common property-related injuries that Massachusetts residents may suffer include slip and fall accidents, but other types of accidents can happen as well, such as drowning in swimming pools. Although you may be inclined to navigate the legal process on your own, a Boston premises liability lawyer can help make sure that you take all of the steps needed to build a strong claim. While you are dealing with the stress and burdens that the accident has caused in your life, Barry Feinstein can be a diligent advocate for your legal rights.Common Types of Defective Property Conditions
There are many ways that hazards can develop on a property. And there is no exception to the types of properties that might pose dangers, including businesses, office buildings, and residences. Common examples of defective property conditions include faulty staircases or broken floorboards, loose or broken steps or faulty handrails, collapsed floors, uneven pavements, slippery surfaces, inadequately fenced pools, and unstable shelving. For another example, spilled produce can create obstacles in stores that can cause unsuspecting shoppers to trip if it is not cleaned up in a timely fashion.
Some of these errors result from the way that the premises were constructed, while others result from poor or untimely upkeep. It can be difficult to determine the exact nature or cause of a defect, or determine how long it existed, which is why it is critical to speak to a seasoned premises liability attorney who can assist you with conducting a thorough investigation. Regardless of the type of condition or its location, you may be entitled to compensation.Asserting Your Right to Damages from a Negligent Property Owner
If you believe that you were injured on another party’s property in the Boston area as a result of the owner’s negligent maintenance, you may be entitled to damages. In general, Massachusetts law states that landowners are required to maintain a safe environment for visitors. The level of care that a landowner must exercise in maintaining the property depends on the reason why the guest is at the location. The highest duty of care is owed to persons invited for business reasons. These individuals are called invitees. The landowner owes them a duty to perform routine inspections and to repair or warn against any dangerous conditions. The next category includes individuals invited to the property for a social purpose, such as friends and family. These individuals are called licensees. A landowner owes them a duty to warn against any dangerous conditions of which the landowner knows or that they should have discovered during a reasonable investigation of the property.
After establishing that the landowner failed to adhere to this duty of care, your attorney must show that this failure was the direct cause of the injuries that you sustained. In other words, you would not have suffered the slip and fall or other accident if the landowner had taken proper precautions. A successful plaintiff can potentially recover several categories of damages, including medical bills, lost earnings and earning capacity, and pain and suffering.Speak With an Aggressive Premises Liability Lawyer in the Boston Area
If you were injured on another person’s property due to the owner’s carelessness, it is critical that you speak to a capable attorney as soon as possible. At The Law Offices of Barry Feinstein & Affiliates P.C., we have over 25 years of experience, and we are available to help residents in areas around Boston, Cambridge, Waltham, Lowell, Newton, Somerville, Quincy, Dedham, Norwood, Brookline, and Peabody. We have seen how daunting it can be to navigate the legal system while also addressing your painful injuries and the other disruptions in your life. Let us ensure that your legal rights are protected and asserted to the fullest degree. To schedule a free consultation following a slip and fall or another accident on property, call us at 1-800-262-9200 or contact us online. We also can assist Massachusetts residents with cases involving motor vehicle collisions, defective products, dog bites, medical malpractice, and other accidents.