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Category: Premises Liability
Massachusetts residents may be injured in slip-and-fall accidents for all kinds of reasons. In many cases, these types of accidents are the fault of business owners who do not properly maintain their premises to ensure that their customers are protected from hazards. Others happen because people simply lose their footing or trip over a hazard that they created themselves.
In Massachusetts, people sometimes slip and fall because of unexpected hazards. Such accidents can occur when a property owner has failed to clear spilled food, water or ice. Other falls may result from a torn carpet or uneven pavement. Whatever may have happened, if you have slipped and fallen on the premises of another person or business, you may have the grounds to make a legal claim for damages.
Business owners in Massachusetts and around the country are expected to take all reasonable steps to ensure the safety of customers, vendors and others who enter their establishments. While workers who are injured due to an unsafe condition will generally seek compensation by filing a workers’ compensation claim, visitors who are harmed may file a premises liability lawsuit when this duty of care is not met.
Massachusetts travelers should be aware of laws regarding hotel liability for injuries. Slip and fall injuries are common in hotels, but liability is not always clear. Hotels are responsible for reasonably foreseeable injuries that occur on their properties and that are caused by negligence on their part. Premises liability holds that all property owners are responsible for maintaining safe premises.
When the weather in Massachusetts warms up during the summer months, a lot more people decide to go swimming. Every year, a number of people drown in swimming pools that are located at private residences, parks and commercial properties such as hotels. The owner of a property with a pool owes a duty of care to their visitors and may be held liable for a drowning that occurs in their pool.
People that own commercial properties in Massachusetts can be found liable for accidents that occur on their premises. Commercial property owners may mitigate their risk of being sued by injured parties by purchasing premises liability insurance coverage. The owners, operators and lessees of airport spaces usually purchase this type of insurance coverage so that they are not found responsible for the tenant’s negligent actions.
The June tragedy at the Pulse Night Club in Orlando shocked many Massachusetts residents. The event should also serve as an important reminder to bar and club owners of the importance of having strong security measures in place in order to prevent their patrons from suffering serious personal injuries or fatalities in the event something goes wrong.
Massachusetts shoppers who slip and fall on a wet floor may have a legal claim against the owner. These types of accidents result in thousands of civil lawsuits around the country each year. Shopping injuries are surprisingly common and often result from a failure to properly secure the shopping area of a store. From wet floors to items left out in the open for customers to trip over, stores are required to maintain an environment that is reasonably free of hazards.
A tragic premises liability case demonstrates the kind of test courts apply in Massachusetts and elsewhere in determining whether a basis for a claim exists. The lower court’s dismissal of the case was recently upheld by the Tennessee Court of Appeals.