If you sustain injuries in a trip and fall accident in Massachusetts, you may have a right to file a premises liability case against the liable party. But who is responsible for this kind of case in Massachusetts? You may ask.

In Massachusetts, several parties can be held accountable for a premises liability lawsuit, depending on the circumstances. Responsibility may be imposed on the property owner, occupier, or the person in control of the premises.

What is Premises Liability?

Premise liability is the legal responsibility of property owners to maintain safe conditions on their premises. It is a legal tool that holds property owners liable for any injuries that occur due to unsafe conditions on their premises.

Premises liability cases can be complex and challenging to navigate. For this reason, it’s advisable to work with an attorney who is familiar with premises liability laws and regulations in Massachusetts.

Determining If a Property Owner Is Responsible for a Massachusetts Premises Liability Case

Tripping and falling on someone’s property does not make the owner of the property an obvious liable party. Liability is a legal issue and must be proved in court.

Whether a property owner is liable for a premises liability case depends on several factors, including duty of care, contributory negligence, and control and supervision of the property. An experienced personal injury attorney can look into these factors to determine if the property owner was negligent, leading to your accident:

1. Did the Property Owner Keep the Property Safe?

In Massachusetts, property owners and managers have a duty to exercise reasonable care in maintaining the property in a safe and secure condition for visitors. To hold the owner responsible, there must be evidence that they had actual notice of the hazardous condition.

The property owner’s liability can also depend on whether the risky condition that resulted in an injury was reasonably foreseeable. If they knew or should have known about the unsafe condition, they may carry liability.

2. Did the Individual Who Was Injured Use the Property in an Appropriate Manner?

Sometimes, the injured person can be held partially responsible for their injuries under some circumstances. However, in Massachusetts, the legal principle of comparative negligence applies. This means you can still recover damages, but the recoverable damages may be reduced based on the level of fault for the accident.

There are situations where the injured person can carry premises accident liability. The first is when their own actions contributed to the accident or injuries. Secondly, if the injured person voluntarily ignored or assumed a known risk, they may be held accountable.

Factors Considered in Determining Liability

• Status of the injured party
• Notice of the dangerous condition
• Foreseeability of harm
• Reasonableness of property owners’ actions

Contact a Western Massachusetts Premises Liability Lawyer Today

If you suffer injuries in a Massachusetts trip and fall accident as a result of a property owner’s negligence, you may be entitled to compensation. And at KC Law, we can help you with the claim process. Contact us today to schedule a consultation with our lead Westfield premises liability lawyer and discover how we can help.