What is Premises Liability in Massachusetts?
Each and every day people in Massachusetts sustain personal injuries after experiencing a trip and fall or slip and fall accident. The law in Massachusetts that governs these accidents is commonly referred to as premises liability. The key is to show negligence on the part of the property owner in these cases. This can be done by showing that the property owner was negligent (according to common law standards) or was negligent in violating a Massachusetts Code or Regulation that requires Massachusetts landowners to keep their property in a safe condition.
I found the following over at injuryboard.com which does a good job of explaining what premises liability is all about:
Typically the owner of property has the duty of care to maintain the premises in a safe condition. If that person fails to maintain the property then they may be liable if a person is injured due to their negligence. This may apply to owners of commercial property, private residences, vacant lots, and businesses just to name a few. If there is something that the landowner knows about but may not be obvious to the visitor the landowner has a duty to warn. When the landowner invites a member of the public on to their land as a guest or patron he has a duty to that person to maintain a safe environment.
The typical scenario is the owner of a store who has a piece of carpet that is sticking up. Though he knows of this hazard, he has done nothing to repair it, and the unsuspecting customer comes along trips and is injured. This creates liability on the part of the customer. This applies to slip and fall or any other injury received on someone else’s property due to their negligence.