Dangerous conditions can be a source of negligence liability

On behalf of Aiken and Aiken P.C. Personal Injury Attorneys posted in Premises Liability, on Thursday, May 28, 2015

Negligence cases in the Commonwealth of Massachusetts are usually seen as one individual’s behavior causing harm to someone else. For example, an inattentive driver striking a pedestrian or another car, or a surgeon accidentally leaving behind a surgical clamp in a patient. A less well known form of negligence consists of a failure to act when taking action would be necessary to prevent harm, or negligence that takes the form of failing to safeguard against dangerous physical conditions. These variations of negligence can often be found together in circumstances leading to a claim of premises liability. Unlike negligent actions, many cases of premises liability-related negligence have some form of inaction as their origin. Thus, leaving a swimming pool unattended when it is reasonably predictable that others may enter the property to swim in it, or failing to provide sufficient lighting in a building when it is reasonably foreseeable that a person may trip and fall as a result, or failing to maintain adequate security in a store parking lot when it is foreseeable that a person patronizing that business may be harmed there by someone else.There are enough kinds of premises liability that it is not practical to attempt to include them all in this post. What is key to understand are two main points: If you are injured on the property of another, and you were not at fault for your injury, then you may have a cause of action for compensation for the costs of your injuries, including not only direct damages like medical expenses but also indirect damages such as pain and suffering. To bring a claim of premises liability forward you will likely require the active participation of a personal injury attorney. The second of these two considerations is where we at Aiken & Aiken can be of assistance. Our firm has experience with many types of personal injury situations, including premises liability cases. We are intimately familiar with the requirements to investigate the facts of your injury, and to relate them with a legal cause of action for negligence.You can reach us either online or by telephone at 508-534-8061 or toll free at 800-401-4186 to schedule a no-cost initial consultation with one of our attorneys.