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?
A fall caused by poorly maintained steps, worn sidewalks or a buildup of ice and snow may be proven with timely photos. If injuries were caused by a dog, an owner has few defenses to liability under Massachusetts laws. To show liability for a dog bite, an injured party need only prove that the owner owned or kept the dog on the premises. They must also show that they weren’t trespassing or taunting the dog at the time.