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Premises Liability


May 1, 2004

Each year plaintiffs collect millions of dollars in settlements and jury verdict awards in premises liability cases. In fact, Massachusetts Lawyers Weekly reported more than twenty (20) premises liability cases that resulted in settlements and/or jury verdicts exceeding $200,000 in 2002, one of which resulted in a jury verdict totaling$2.1 million. (See Fisher v. Shaw’s Supermarket, Inc., Plymouth Superior Court No: 1999-00006A.) So, how do you know if you have a potentialpremises liability claim?

Premises liability cases encompass claims for injuries sustained by plaintiffs while lawfully on premises controlled by others. Plaintiffs who are injured on the property of others may sue business entities (i.e. restaurants, supermarkets, department stores, movie theaters etc.), private landowners, and even landlords. Among the most common premises liability claims are claims for injuries resulting from the failure to remove foreign substances from floors, failure to repair unsafe or noncompliant stairs, failure to remove unnatural accumulations of snow and ice, failure to provide proper and adequate lighting conditions, and failure to provideadequate security. Successful plaintiffs may recover for medical expenses, lost earnings,lost earning capacity, loss of enjoyment of life, loss of consortium, scarring, residual injuries and pain and suffering.

However, not all injuries sustained on the premises of others may be actionable. For instance, Massachusetts’ law will not impose liability upon landowners or persons in control of land if they maintain their property in a reasonably safe condition. This means that landowners or occupiers are not required to provide a place of maximum security, but rather a place where one exercising reasonable care in light of the circumstances will be safe (Toubiana v. Priestly, 402 Mass. 84, 88 (1988)). While landowners or occupiers are required to warn all lawful visitors of any and all defects or dangers that they know or should reasonably know exists on the premises, (Mounsey at 710; Oliveri v. Massachusetts Bay Transp. Auth., 363 Mass. 165, 167 (1973)), they are not responsible for warning people in situations where the alleged defect or dangerous condition is so obvious that a person of ordinary intelligence would readily sense the impending harm and would take measures to avoid it. (Lemoine v. Springfield Hockey Ass’n, Inc., 307 Mass. 102, 104 (1940)). The Court evaluates each injury on a case-by-case basis and renders verdicts based upon a myriad of circumstances (i.e. applicable building and safety codes, prior Court decisions, and expert testimony).

As you can see, understanding the law of premises liability can be quite confusing and requires careful analysis of both statutory and common law. The attorneys at Graeber Davis& Cantwell, P.C. have years of experienceprosecuting and defending premises liability claims and have helped hundreds of clientsreceive the compensation they rightfully deserve. If you have been injured and think that you have a premises liability claim, contact Graeber, Davis & Cantwell, P.C. and speak to an attorney qualified to advise you of your rights.



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