Property owners, whether owned by an individual or a company, have an obligation to keep that property in a reasonably safe manner to the public. When a property owner or a renter invites individuals to their property and that invitee gets harmed because the property was not properly maintained in a reasonable way, the victim who suffers an injury as a result of the negligent maintenance of the property can file a personal injury claim. This type of claim is recognized as premises liability under Tort laws.
To establish a premises liability claim, the victim needs to prove that they were owned a duty of care and that duty of care was breached which caused the injury or harm. Dealing with this type of claim can become complex and it is always beneficial to speak with a Rhode Island and Massachusetts premises liability lawyer that can help you evaluate your rights. Providence and Boston based premises liability firm, Barsom Law Group, can help you understand your rights under the law. Contact the premises liability lawyers at Barsom Law Group for a free consultation, anywhere, anytime.
Slip and Fall Lawyers helping victims in Providence and Boston
Depending on why the victim was visiting the property, the property owner will owe a certain level of duty to that victim.
- If you are a customer in a business establishment or invited into a property, you are considered an invitee under Rhode Island and Massachusetts law. Invitees are owed the highest duty of care, owners of these properties need to constantly inspect the property to make sure that there are no dangers or hazards to the invitees.
- Under Rhode Island and Massachusetts law, licensees are individuals who are friends and acquaintances that are invited to a property for a casual visit. The level of care owed to licensees is an intermediate duty of care. This means that property owners and renters have the obligation to fix any dangers that they are aware of and to warn their guests of dangers that exists on the property. The property owner does not have to constantly inspect the property for dangers.
- The lowest duty of care is owed to trespassers who enter a property without permission by anyone. However, as a property owner, you are not allowed to set up traps for trespassers. If the property owner knows that the trespassers are present on the property, then the property owner needs to warn the trespasser of the danger that exists on the property.
As a victim, you should determine which level care is owed to you first. Then you will need to prove that the owner or renter did not fulfill their duty of care and are negligent, as such, under the applicable law. Negligence can be proven by compiling evidence such as taking pictures of the accident scene, eyewitness testimony of the accident, and obtaining maintenance records of the property. The premises liability lawyers at Barsom Law Group can help you gather all the evidence and present it in the best light for your claim. If you or someone you know has been injured on someone’s property, contact the premises liability lawyers at Barsom Law Group today to discuss your rights.
Areas of premises liability claims that we handle include:
- Drowning accidents
- Slip and fall
- Stairwell injuries
- Parking lot injuries
- Falling merchandise or objects
- Swimming pool injuries
- Faulty handrails
- Poor visibility
- Amusement park injuries
- Negligent security
- Fall accidents
- Injured on a business property
- Daycare injuries