A property owner may not be able to guarantee that no one on the premises will be at risk of sustaining injury. However, to a reasonable degree, they should take steps to limit the chances that a legal guest will be put in harm’s way.
You may have grounds to take legal action if you’re ever injured because a property owner neglects this responsibility. For example, maybe you’re visiting a property late at night and the owner has knowingly failed to install adequate outdoor lighting for the parking lot and other frequently used areas.
Lack of proper lighting could make it difficult for you to spot tripping hazards, potholes, and other obstructions in your path. If you’re involved in a slip and fall or similar accident as a result, you may file a claim with the property owner’s insurance to seek compensation for your medical bills, lost wages, and other losses. If the insurance company refuses to offer a proper settlement, you could file a lawsuit if your injuries resulted from the negligence of another person or entity.
However, taking legal action and recovering the damages for which you may be eligible could be more difficult in some circumstances than in others. For instance, perhaps you were injured on government property. Keep reading to learn more about your potential legal options if this were to happen in Massachusetts.
Injured on Someone’s Property in Massachusetts: What You Need to Know About Suing the Commonwealth
Premises liability laws technically apply to all property owners in Massachusetts. Thus, if you are injured on government property, you may still have the right to file a claim or lawsuit.
According to the Massachusetts Superior Court jury instructions for premises liability cases, to demonstrate that you are owed compensation after being injured on someone else’s property, you must show the following:
- The property owner owed you a duty of care while you were on their property.
- The property owner (or an extension/representative of ownership, such as an employee at a retail store) failed to exercise reasonable care in an effort to guard against accidents and harm.
- You were injured as a result of the property owner’s negligence.
- You sustained losses for which you may be compensated.