What is a premises liability claim?

On Behalf of | Apr 8, 2024 | Blog

Our readers in Massachusetts have probably heard of slip-and-fall lawsuits. But, some may not know that such lawsuits fall under the larger umbrella of premises liability claims.

Premises liability basics

The concept of premises liability is rooted in the idea that each property owner is responsible for what occurs on their property. So, if someone is injured on another person’s property, theoretically the property owner should be held responsible for the injuries that occurred, right?

Not necessarily. The injured victim usually must prove that the property owner knew about the dangerous condition that led to the injuries and still didn’t do anything to correct it.

Another major factor in premises liability cases is why the visitor to the property was on the property to begin with. Were they there at the property owner’s invitation? Did the property owner merely give permission to the person to be on the property? Or was the person a trespasser on the property? These determinations will oftentimes be a big part of a premises liability claim.

The bottom line in premises liability cases is this: Was the property owner negligent in regards to the safety of people who enter the property? Did the property owner know about a dangerous condition on the property and do nothing to protect others? If so, was the property owner’s negligence the cause of the person’s injury?

There are factual considerations in play in these types of cases, but legal distinctions are also a big part of premises liability cases. If you have been injured on another party’s property, be sure to have your potential claim carefully evaluated.


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