If you’ve slipped, tripped, fallen or been injured in any way while on someone else’s property, you should know about your legal rights. You may be able to pursue a premises liability case against the owner or other parties.What is premises liability? Massachusetts statutes require property owners to use a “…a reasonable standard of care..” when it comes to protecting lawful visitors from injury on their premises. Failure to do so may render the owner legally liable for any resultant injuries on their premises.
A “lawful visitor”If you were on someone’s premises as an invited guest; or you were under a reasonable assumption that you were permitted on the premises– such as a mailman delivering the mail– you were a lawful visitor. If you were on a business premises as a customer, supplier, or in any other legitimate capacity related to the business, you were considered lawful.
If you were a trespasser who had been explicitly banned from entering the premises, or you were committing a crime or other unlawful act, you would not have been considered “lawful” at the time of your injury. Under most circumstances an unlawful visitor would not have a valid premises liability case, even if they could prove that the owner was negligent.
How do you prove the owner was negligent?
