Brockton Massachusetts Personal Injury Lawyers

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Brockton Premises Liability Lawyers

Fighting for people when property owners put their profits before your safety

When you visit a store, a restaurant, a park, or someone else’s home in Brockton, you may naturally assume that the property is safe. You assume there are no dangerous or hazardous conditions that might lead to an accident or cause injuries. Unfortunately, those assumptions are often false. Accidents suffered by visitors on other people’s or businesses’ property occur all too often in Brockton, Greater Boston, and throughout Massachusetts. For more than three decades, The Law Offices of Gerald J. Noonan have protected the rights and interests of our clients who were injured by unsafe conditions on someone else’s property. Our Brockton premises liability lawyers fight for full compensation for all your medical bills, pain and suffering, and lost income when you slip and fall, you’re attacked, or you suffer other harm due to property owner negligence.

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What is premises liability?

Premises liability refers to the type of personal injury claims that arise from injuries caused by a dangerous or defective condition on someone else’s property. Examples of premises liability claims include slip and fall accidents, dog bites, or injuries from criminal assaults that result from inadequate security. Under a premises liability claim, the injured victim must prove that the property or business owner ignored a duty of care and negligently maintained or operated the property.

In Massachusetts law, the duty of care varies depending on the reason a visitor is on the property of any business, organization, nonprofit, or homeowner. The standard of care that property owners owe is as follows:

  • Invitees. An invitee is a person the property owner invites onto their property – such as a retail customer. A property owner owes the highest duty of care to an invitee. The duty generally requires that owners conduct regular inspections for possible dangers on their property and immediately repair them or arrange to warn the invitees of the danger.
  • Licensee. A licensee is a person who has permission to be on the property but isn’t invited onto the property. A common example is when a neighbor walks on the sidewalk of another neighbor. The duty of care to licensees is slightly less than the duty of care to invitees.
  • Trespassers. Generally, property owners do not owe a duty of care to trespassers unless children trespass because of an attractive nuisance, such as a swimming pool or a trampoline. In general, Massachusetts law provides that owners may be liable:
    • If they are reasonably likely to know that children are likely to trespass due to an “artificial condition,”
    • There is a likely risk of death or serious bodily injury
    • Children are not likely to recognize the danger
    • The duty to eliminate the danger is small compared to the possible danger
    • The owner fails to use reasonable care to eliminate the danger

Property owners have a duty to keep the inside of the business, the entranceways, and the outside parking areas safe.

What types of premises liability cases do you handle in Brockton?

At The Law Offices of Gerald J. Noonan, we handle all types of property liability claims, including:

Accidents that generally require repairs include:

Why do premises liability accidents happen in Brockton?

At The Law Offices of Gerald J. Noonan, we work with investigators, building code officials, building maintenance companies, and others to show how your accident happened, why it was preventable, and why the property owner should be held liable. 

Some of the common causes of premises liability accidents in Massachusetts include:

  • Foreign substances on the floor
  • Wet, slippery, or sticky floors
  • Unnatural accumulation of snow or ice
  • Faulty lighting
  • Faulty railings or guardrails
  • Faulty staircases
  • Loose floorboards
  • Potholes and sinkholes
  • Uneven sidewalks
  • Inadequate security from a lack of secure access, surveillance cameras or security guards

What types of injuries do premises liability accidents cause in Brockton?

Our Brockton personal injury lawyers handle all types of injuries due to premises liability accidents. These injuries include:

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Who is responsible for premises liability accidents in Brockton?

Our Brockton premises liability lawyers file personal injury claims against all responsible parties. The defendants may include any or more than one of the following:

Property owners by the type of business or enterprise

  • Supermarkets and grocery stores
  • Department stores
  • Hardware and home improvement stores
  • Malls and shopping centers
  • Parking garages
  • Hotels
  • Theaters
  • Bars and restaurants
  • Recreational parks
  • Amusement parks, carnivals and fairs
  • Gyms and fitness centers
  • Office buildings and office parks
  • Condominiums and apartment buildings

Non-property owners

  • Maintenance companies
  • Security companies
  • Repair companies
  • Architects
  • Engineers

The defendants may also include parent companies, subsidiaries, landlords, and tenants, so it’s important to discuss your case with a Brockton premises liability attorney who can help identify anyone who is potentially liable.

Residential landlords’ duty to tenants and visitors in Massachusetts

In Massachusetts, residential landlords owe their tenants or property visitors a duty to keep common areas or other areas within the landlord’s control free of hazards. Residential landlords in Massachusetts must also perform snow and ice removal from common areas and points of common entry and exit. Generally speaking, residential landlords do not owe duties to tenants or their visitors for dangerous or hazardous property conditions that are within a tenant’s exclusive control.

How much is my premises liability claim worth in Massachusetts?

Our Brockton premises liability accident lawyers seek compensation for all your damages to date and all your future damages.

Those damages include:

  • The costs of your medical treatment: These include hospital stays, doctor’s appointments, surgeries and other medical procedures, physical or occupational rehab, medication, and medical equipment - current and future.
  • Estimated costs of long-term care: This includes home healthcare, home cleaning services, or lawn maintenance services.
  • Lost wages and income: This compensation amount includes the time you miss from your job or your business during your recovery,
  • Lost earning capacity or potential: This compensation amount applies if you are disabled and cannot return to your old job and/or earn less than you did prior to your accident.
  • Physical pain and emotional or mental suffering: This amount includes all your daily aches, pains, moments of discomfort, anxiety, worries, and depression.
  • Loss of enjoyment or quality of life: We demand compensation due to scarring or physical disfigurement from your injuries or disabilities that prevent you from participating in activities you once enjoyed
  • Loss of consortium. This damage category is for your spouse for the loss of your companionship and society because of your injuries.

If a slip and fall or other premises liability accident causes the death of a loved one, we file a wrongful death claim on behalf of the family members.

What is the statute of limitations for filing a premises liability claim in Massachusetts?

You have three years from the date of your accident to file a premises liability lawsuit. If your premises liability accident took place on property owned by the state or by a municipal government, you must file a notice of claim with the government and provide the government with notice of your claim within two years of the date of the accident.

Don’t wait. Contact us as soon as possible. We need to investigate the accident while everyone’s memories are fresh. Our Brockton premises liability lawyers need to review which doctors are caring for you. The sooner you contact us, the faster we can assert your right to compensation.

How do your Brockton premises liability lawyers fight for injured victims?

At The Law Offices of Gerald J. Noonan, we can help you pursue the compensation you deserve in your premises liability case by:

  • Thoroughly investigating your accident and injuries to determine what happened and to recover relevant evidence
  • Identifying potentially liable parties
  • Identifying available sources of compensation (for example, insurance coverage)
  • Working with liability experts to build an effective legal argument for your case
  • Reviewing all aspects of your medical care, including the treatments you need and how your injuries are affecting every aspect of your life
  • Aggressively negotiating with insurance companies
  • Arguing your case before a jury if insurance companies will not offer a fair and full settlement

Do you have a premises liability claim lawyer near me in Brockton, Massachusetts?

Yes. Our attorneys meet accident victims at our office located at 555 Pleasant Street, Brockton, MA 02301. We also speak with clients by phone and by online video (Zoom, for example). If you can’t physically come to our office, we can make alternative arrangements.

We’re ready to answer your questions and work to maximize your recovery.

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Contact our Brockton premises liability lawyers now

The property owners will have high-priced lawyers on their side. You need experienced lawyers who will fight for a strong recovery and can anticipate the arguments insurance companies and defense lawyers will use to try to deny your claim. Our firm takes cases on a contingency fee basis. Call The Law Offices of Gerald J. Noonan today or fill out our contact form to schedule a free consultation.