Premises Liability

We handle a wide range of premises liability claims

We represent people injured in slip-and-falls and other property accidents involving:

• Slippery floors and tiles
• Failure to clear snow and ice
• Inadequate or broken lighting
• Broken stairs, missing handrails, and damaged sidewalks
• Porch or deck collapse
• Water from leaks
• Dog bites and animal attacks
• Food poisoning
• Negligent or inadequate security

Most of these accidents happen on commercial property — grocery stores, gas stations, retail stores, parking lots, and office buildings. They can also happen at a private home, in which case the homeowner’s insurance policy typically covers the damages.

Slip and fall accidents

Property owners must keep their premises reasonably safe or warn visitors about dangerous conditions. We provide representation for accidents arising from all types of hazards, including:

• Slippery floors
• Slippery tiles
• Absence of handrails
• Damaged staircases
• Poorly lit corridors or stairwells

What to do after a fall: The most important thing is to seek medical attention. If possible, you or a witness should photograph the scene — including the hazard that caused the fall. Those photos can be valuable evidence. Once you’ve received care, talk to an attorney before speaking with the property owner’s insurer.

Slipping on ice and snow

Ice and snow are a reality in Massachusetts, but that does not give property owners a pass on keeping their property safe.

For more than a century, Massachusetts followed the “natural accumulation rule,” which largely protected property owners from liability for untouched snow and ice. An injured person could only recover if the snow or ice had been altered — by footprints, plow tracks, or leaking gutters.

In Papadopoulos v. Target Corp. (2010), the Massachusetts Supreme Judicial Court abolished that rule. Property owners now owe the same duty of reasonable care for snow and ice as for any other hazard. Victims no longer have to prove the snow was altered — the focus is on whether the owner acted reasonably to clear and treat it.

Most fall-on-ice accidents happen on commercial property. We handle cases occurring at:

• Parking lots
• Sidewalks and storefront steps
• Retail establishments and grocery stores
• Gas stations
• Construction and excavation sites

Injuries caused by inadequate lighting

Maintaining a property means more than cleaning up spills and patching cracks. Inadequate lighting can be a major hazard, even on property that is otherwise well kept. If an owner knew about the lighting problem, they can be held accountable for the accidents it causes.

We handle cases involving:

• No switch to turn on a light
• A missing or burnt-out bulb
• A broken light fixture
• Dim or inadequate lighting
• No light at all

A common scenario is a poorly lit stairwell or landing that leads to a fall. Whether the accident happened in a stairwell, apartment building, parking lot, or any other property, we can pursue a claim on your behalf.

Dog bites and animal attacks

In Massachusetts, dogs do not get “one free bite.” Under the state’s dog bite statute (M.G.L. c. 140, § 155), a dog’s owner or keeper is strictly liable for injuries the dog causes. You do not have to prove the owner was negligent. When a child under seven is bitten, the law presumes the child was not provoking the dog unless the owner proves otherwise.

Compensation typically comes from the owner’s homeowners or renters insurance and can cover:

• Pain and suffering, including post-traumatic stress
• Medical treatment and follow-up care
• Plastic surgery for scarring or disfigurement
• Psychological counseling

When the owner is a friend or relative. Many people hesitate to pursue a claim against someone they know. Insurance exists precisely for this situation — a claim is directed at the policy, not at your friend’s personal finances. Most owners are relieved their insurance is taking care of you.

Tenant and landlord liability. If you were bitten by another tenant’s dog in your apartment building, the landlord may share responsibility — particularly in a building that doesn’t allow dogs, if the landlord knew the dog was there. When the dog’s owner has no renter’s policy, the landlord’s insurance may be the source of recovery. This area of law is still developing, which makes experienced counsel important.

Food poisoning

Salmonella, E. coli, listeria, and staphylococcus are common causes of food poisoning, and a single outbreak can affect thousands of people. Food poisoning at a restaurant, dormitory, grocery store, or anywhere food is sold or served may support a premises liability, product liability, or other injury claim.

Preserve the evidence. If you still have the food, don’t throw it out — freeze it if necessary. When you see a doctor, ask for testing that identifies the specific pathogen. Those details matter when investigating the source.

If a family member died as a result of food poisoning, we are prepared to pursue a wrongful death claim against the parties responsible for selling or serving the food.

No recovery, no fee

All premises liability cases are taken on a contingency fee basis. You will not pay a dime in legal fees unless we recover compensation for you, and your initial consultation is always free.

Unlike most personal injury firms, we employ full-time staff who work with medical providers and insurers to monitor health care charges. They regularly catch billing errors — such as multiple payers billed for the same service — and holding those parties accountable maximizes your final recovery.

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