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Injured on Someone Else’s Property? Our Quincy Premises Liability Attorneys Can Help
Quincy premises liability lawyers at Marasco & Nesselbush represent people injured by unsafe conditions at apartment buildings, stores, businesses, and other properties.
Broken stair railings, icy walkways, and hazardous floors can cause serious injuries, medical expenses, and missed work.
Under Massachusetts premises liability laws, a person may have a legal claim when a property owner’s negligence or another responsible party’s failure to exercise reasonable care causes an injury.
Not every injury on someone else’s property establishes negligence, and disputes often arise over who controlled the area or knew about the hazard.
Photographs, surveillance footage, maintenance records, and witness accounts may be critical, particularly when the condition is repaired after the accident.
Marasco & Nesselbush investigates property hazards, identifies potentially liable parties, and documents the losses caused by an injury.
Our Quincy premises liability attorneys pursue a fair settlement where possible and litigation when the circumstances warrant it.
If you suffered injuries on someone else’s property in Quincy, contact Marasco & Nesselbush for a free consultation.
Marasco & Nesselbush: Representing Injured Clients Since 1999
Marasco & Nesselbush has represented injury victims and their families since 1999.
Across its practice areas, the firm reports recovering more than $500 million for clients and having more than 350 years of combined attorney experience.
Our Quincy office at 234 Copeland Street, Suite 210, serves Norfolk County and the South Shore, with assistance available in English and Spanish.
Thomas L. Moran, who is admitted to practice in Massachusetts, has handled significant premises liability claims, including a wrongful death case arising from a fall at an adventure park.
Marasco & Nesselbush offers free consultations and handles qualifying cases on a contingency fee basis, with no upfront fees for attorney services. The written agreement explains attorney fees and case expenses.
Why Choose Marasco & Nesselbush for a Quincy Premises Liability Claim?
An owner, property manager, or insurance company may dispute the cause of an accident, the history of a hazard, or responsibility for making repairs.
Our personal injury lawyers investigate those questions through property records, witness interviews, and expert evaluations when appropriate.
Clients have access to the following experience and resources:
- Premises liability results: The firm has recovered substantial settlements involving unsafe walking surfaces, landlord negligence, and serious falls.
- Investigation of disputed liability: Our attorneys examine prior complaints, inspection records, repair work, and agreements assigning maintenance responsibilities.
- Technical and medical evidence: Engineers, safety specialists, and medical professionals may assist with structural defects, injury causation, and future care needs.
- Local access and Massachusetts representation: Our Quincy office serves South Shore clients, and attorneys including Thomas Moran are admitted in Massachusetts.
Our Premises Liability Case Results
Published Marasco & Nesselbush recoveries include:
- $6.25 million settlement: Thomas Moran represented the estate of a Massachusetts woman who died after a fall on unrepaired pavement at a South Carolina adventure park.
- $2.9 million settlement: A Rhode Island commercial landlord case involved a worker who tripped over a board propping open a stairwell door and developed a chronic pain condition.
- $1 million recovery: A child fell from a window after a landlord failed to maintain the property.
The results arose from different facts and jurisdictions. Past recoveries do not guarantee a similar result.
Injured and not sure what your case is worth? Find out for free.
What Is Premises Liability Under Massachusetts Law?
Premises liability concerns injuries caused by dangerous property conditions or negligent activities on the premises.
In Mounsey v. Ellard, 363 Mass. 693 (1973), the Massachusetts Supreme Judicial Court established a general duty of reasonable care toward lawful visitors, rather than different standards for invitees and licensees.
A property owner’s duty may require reasonable steps to regularly inspect customer areas, repair dangerous stairways, maintain common entrances, address spills or ice, and warn of hazards when appropriate.
What reasonable care requires depends on the property’s use, foreseeable risks, and the practical burden of preventing harm.
A business owner managing a busy retail entrance may need different precautions than the owner of a single-family home.
What Duty Do Property Owners Owe Trespassers?
Property owners generally owe adult trespassers a more limited duty to avoid willful, wanton, or reckless conduct, subject to exceptions such as a trespasser known to be helpless and in danger.
Children who trespass may receive additional protection under Massachusetts General Laws Chapter 231, Section 85Q.
The statute addresses dangerous artificial conditions when an owner knows or should know that children are likely to trespass, the condition poses a serious risk the children cannot appreciate, and reasonable precautions were not taken despite a comparatively slight burden.
Such claims are sometimes called attractive nuisance cases, but an object attracting a child does not itself establish liability.
Common Types of Premises Liability Accidents in Quincy
Common premises liability cases involve poor maintenance, defective structures, temporary hazards, or unsafe activities at residential and commercial properties.
Accidents that may support a claim include:
- Slip and fall accidents: Spills, wet floors, loose carpeting, damaged pavement, and other walking-surface hazards. Our Quincy slip and fall lawyers investigate the condition and who was responsible for addressing it.
- Snow and ice falls: Icy steps, untreated entrances, and poorly maintained parking lots or walkways.
- Stairway and railing failures: Broken steps, loose handrails, damaged landings, and inadequate lighting, sometimes involving building code violations.
- Falling objects: Unsecured merchandise, shelving, fixtures, or construction materials.
- Elevator accidents: Uneven leveling, faulty doors, and neglected mechanical equipment.
- Fire and electrical injuries: Exposed wiring, blocked exits, and unsafe electrical systems.
- Negligent security: Foreseeable assaults involving broken locks, unsecured entrances, or other security failures.
- Swimming pool accidents: Dangerous access, defective barriers, faulty drains, and unsafe diving areas.
- Dog attacks: Injuries involving an owner’s or keeper’s responsibilities under Chapter 140, Section 155, or negligent property security.
- Construction hazards: Unsecured openings, falling debris, and unmarked excavations.
Claims may also involve carbon monoxide, chemical exposure, or structural collapses, depending on the source of the danger.
Common Injuries in Premises Liability Cases
Premises accidents can cause anything from sprains to major injuries with lasting medical and financial consequences.
Common injuries include:
- Fractures: Broken wrists, hips, and ankles may require surgery or prolonged rehabilitation. The American Academy of Orthopaedic Surgeons states that complete healing of many ankle fractures takes approximately 10 to 12 weeks.
- Traumatic brain injuries: Falls and impacts can cause concussions or more serious changes in memory, concentration, and balance.
- Spinal injuries: Damage to the back, vertebrae, or spinal cord may cause chronic pain, loss of mobility, or permanent disability.
- Soft tissue injuries: Torn ligaments, damaged tendons, and joint injuries may require months of physical therapy.
- Burns and crush injuries: Fires, electrical hazards, falling objects, and structural failures can cause extensive tissue damage.
- Psychological injuries: Serious accidents may contribute to anxiety, sleep disturbances, or other documented emotional harm.
Prompt medical attention creates a record of symptoms, diagnoses, and treatment needs, including injuries that are not immediately apparent.
Who Can Be Held Liable for a Premises Liability Injury?
Ownership is not the only basis for legal responsibility.
The location of the hazard, control of the premises, and applicable maintenance duties help determine who may be held legally responsible.
Potentially liable parties include:
- Property owners: Negligent property owners may be liable when a hazard under their control causes injury and they failed to exercise reasonable care.
- Businesses and commercial tenants: A business owner may be responsible for spills, unsafe displays, or poor maintenance in customer areas.
- Residential landlords: Landlords may be responsible for common stairways, hallways, entrances, and certain defects inside rented units, depending on their duties and knowledge.
- Property managers and condominium associations: Liability may follow responsibility for inspection, repairs, or common areas.
- Maintenance and snow removal contractors: Negligent work can contribute to dangerous property conditions.
- Security providers: A contractor may face liability for negligent performance of a security duty in circumstances involving foreseeable harm.
Leases and maintenance contracts may identify assigned duties, but a contract does not necessarily settle every legal obligation owed to an injured visitor.
How Do You Prove Negligence in a Massachusetts Premises Liability Case?
Most negligence claims require proof of four elements.
To recover compensation, an injured party generally must establish:
- Duty: The defendant owed a duty of reasonable care under the circumstances.
- Breach: The defendant failed to meet the applicable standard, such as by neglecting necessary inspections or repairs.
- Causation: The breach caused the accident and the plaintiff’s injury.
- Damages: The accident caused medical costs, lost wages, pain and suffering, or other legally recognized losses.
For example, a property owner’s failure to repair a loose common-area railing may support liability if the owner had an applicable maintenance duty and the defect caused a fall.
In many hazardous-condition cases, evidence must show that the responsible party created the danger, knew about it, or should have found it through reasonable inspection.
The Mode-of-Operation Rule in Massachusetts
Some businesses may be responsible for foreseeable hazards arising from how they operate without proof that they knew about the particular spill or obstruction.
The Massachusetts Supreme Judicial Court addressed this rule in Sheehan v. Roche Bros. Supermarkets, Inc. and Sarkisian v. Concept Restaurants, Inc..
A claimant must still establish an unreasonable failure to address foreseeable risks and a connection between that failure and the injury.
Building Code Violations and Premises Liability
Building code violations involving stairs, railings, exits, or other structures may support a premises liability claim.
Chapter 143, Section 51 can impose statutory liability for qualifying violations in certain buildings under a defendant’s control.
In Sheehan v. Weaver, 467 Mass. 734 (2014), the court held that the statute’s strict-liability provision did not extend to the small residential structure involved in that case.
A code violation may nevertheless be evidence of negligence in a claim where statutory strict liability does not apply.
What Damages Can You Recover in a Premises Liability Claim?
Compensation depends on the severity of the injury, proven financial losses, future treatment needs, and the evidence of liability.
Recoverable damages may include:
- Medical expenses: Emergency treatment, surgery, medication, rehabilitation, and supported future medical care.
- Lost wages: Pay and benefits lost during recovery. A study of U.S. workplace injuries using 1999–2001 data found that roughly one-quarter of same-level falls involving time away from work resulted in 31 or more days of missed work; the figures do not describe all slip-and-fall victims.
- Reduced earning capacity: Long-term income losses caused by work restrictions or permanent disability.
- Long-term care: Necessary assistance, mobility devices, and home modifications.
- Pain and suffering: Physical discomfort, emotional distress, and limitations on daily activities and enjoyment of life where supported by the evidence.
- Property damage: Damage to personal belongings caused by the accident.
Our attorneys assess medical records, lost income, lasting impairments, comparative fault, and insurance coverage to estimate the value of a personal injury case.
No prior settlement or injury category establishes a fixed value for a new claim.
Wrongful Death and Punitive Damages
When a premises accident causes death, the estate’s executor or administrator may pursue a claim under Chapter 229, Section 2.
Damages may include eligible beneficiaries’ lost financial support, services, care, companionship, and guidance, along with reasonable funeral and burial expenses.
Punitive damages are generally unavailable for ordinary negligence, but the wrongful death statute permits them in qualifying cases involving gross negligence or malicious, willful, wanton, or reckless conduct.
Talk to a lawyer and get a free case evaluation today.
Massachusetts Laws Affecting Premises Liability Claims
Several state laws can affect the amount recoverable and the time available to bring a claim.
Comparative Negligence
Under Chapter 231, Section 85, an injured person may generally recover damages when their negligence is no greater than the combined negligence of the defendants against whom recovery is sought.
The award is reduced by the claimant’s percentage of fault, and recovery is generally barred when that share exceeds 50% under the statutory comparison.
For example, a $100,000 damages award would be reduced to $80,000 if the claimant were found 20% responsible.
Snow and Ice Liability
In Papadopoulos v. Target Corp., 457 Mass. 368 (2010), the Massachusetts Supreme Judicial Court eliminated the distinction between natural and unnatural snow and ice accumulations.
Property owners and other responsible parties must use reasonable care to address foreseeable winter hazards, considering the property’s use, foot traffic, weather, and the practicality of snow or ice removal.
An icy surface alone does not prove negligence, and reasonable care does not require immediate removal of every accumulation.
Filing Deadlines and Notice Requirements
Chapter 260, Section 2A generally provides three years to file a negligence-based premises liability lawsuit, subject to applicable exceptions.
For covered claims against public employers, Chapter 258, Section 4 generally requires written presentment to an appropriate official within two years and sets additional procedures for suit.
Claims involving defective public roads or sidewalks may have separate requirements, including written notice generally required within 30 days under Chapter 84, Section 18.
Chapter 84, Section 21 extends the statutory notice provisions to certain snow-and-ice injuries on private premises or adjoining ways.
For snow-and-ice claims, failure to give notice is not a defense under the relevant provisions unless the defendant proves prejudice, but giving timely notice is still important.
Reporting an accident or negotiating with an insurer does not ordinarily extend the deadline for filing a lawsuit.
Steps to Take After a Premises Liability Accident in Quincy
Medical care and prompt documentation can protect your health and preserve evidence of the property condition.
After an accident, consider the following steps:
- Seek medical attention: Describe the accident and all symptoms, especially after a head impact or suspected spinal injury.
- Report the incident: Notify the landlord, business, or property manager and request an accident report.
- Document the hazard: Photograph the location, lighting, warnings, and condition that caused the injury if safe to do so.
- Identify witnesses: Obtain contact information for anyone who saw the accident or noticed the hazard beforehand.
- Preserve evidence: Keep relevant footwear and damaged belongings, and request that surveillance recordings, inspections, and maintenance records be retained.
- Track losses: Save medical bills, employment records, and receipts, and document missed work and continuing symptoms.
- Consult a Quincy premises liability lawyer: Prompt advice is particularly important for potential public-property or snow-and-ice claims involving short notice deadlines.
Evidence That Can Support a Premises Liability Claim
A claim may depend on proving what caused the injury, who controlled the property, and whether the danger should have been corrected.
Useful evidence may include:
- Photographs and video showing the hazard, the accident, or conditions before repairs.
- Incident reports and witness statements describing when and how the injury occurred.
- Inspection logs, repair records, and earlier complaints showing the condition’s history and the owner’s knowledge.
- Leases and contractor agreements identifying responsibility for cleaning, repairs, and snow removal.
- Medical and employment records documenting injuries, treatment, lost income, and future restrictions.
- Expert assessments addressing building defects, safety practices, or medical causation when necessary.
Marasco & Nesselbush can seek relevant records through preservation requests and, if litigation is filed, the discovery process.
Contact Our Quincy Premises Liability Attorneys
Property owners and insurers may dispute liability, the severity of an injury, or the amount needed for future treatment.
Marasco & Nesselbush investigates property conditions, identifies responsible parties, and pursues the maximum compensation supported by the evidence and Massachusetts law.
Our attorneys handle negotiations and litigation where appropriate, allowing clients to concentrate on treatment and recovery.
Contact Marasco & Nesselbush for a free consultation about a premises liability injury in Quincy or elsewhere on the South Shore.
Qualifying claims are handled on a contingency fee basis, without upfront attorney fees. The written agreement addresses fees and case expenses.
Injured and not sure what your case is worth? Find out for free.
