Suffering an injury on another individual’s premises can be a liability issue for the property owner, according to Massachusetts negligence law. A lawsuit for financial recompense can be filed when the injury in house occurred when visiting another home, or while a tenant is paying rent to the homeowner. Legally accountable individuals include the property owner and/or manager taking care of the property.
Proving Injury Claim: Addressing Liability Before Damages Can Be Evaluated
To be successful in a New Bedford, MA premises liability case involving a homeowners insurance claim, the victim must prove three specific factors, which includes:
- Establishing the homeowner was negligent and breached or failed in their duty to provide a safe environment
- The victim (plaintiff in a lawsuit) must show a direct connection of how the property owner (defendant) violated their duty and caused the injury
- The victim must have suffered damages like medical costs, lost wages, pain or suffering
However, according to Massachusetts law, property owners are not automatically responsible for providing compensation to the injured victim. State tort law says that the defendant in the case must be responsible for injuries occurring on their property only when it can be proved they were at fault in causing the victim’s injuries.
Determining whether the accident was the fault of the property owner often requires extensive legal analysis. Because of that, many individuals will hire a reputable personal injury attorney that specializes in premise liability cases.
Compiling Evidence to Support a Premises Liability Lawsuit Against a Homeowner or Property Owner
An experienced attorney will compile evidence necessary to support a premises liability lawsuit or claim. However, it is essential that the victim suffering injuries report the accident or incident to the property owner or manager just after it occurs. Whenever possible, all communication between the victim and property owner needs to be done in writing. If written communication is not possible, an initial phone call after the incident will be crucial to obtain compensation through the homeowner’s insurance claim.
The injured victim should discuss in detail all aspects of how they were injured on the premises including where it happened, what happened, and a description of all injuries. Collect every name, phone number and address of all witnesses. If possible, take a sample of any objects causing the injury, and seek medical help right away. If it is a slip and fall accident, place all clothing and shoes that were worn during the incident in a safe storage location.
It is crucial to never provide the property owner with a written or recorded statement concerning the incident, until advised to do so by an attorney. However, photograph should be taken of the area to ensure that the problem causing the incident was not fixed, repaired or eliminated before being documented. Contact a lawyer before talking to any insurance carrier or signing any papers. This is the only way to ensure the rights of the victim are protected to be compensated for losses, medical expenses, missed work, pain and suffering.
Common Injuries Falling Under a Homeowners Insurance Policy
Common areas for accidents happening on other homeowners property include:
- A slip on their driveway
- Falling down there are stairs
- Falling off backyard playground equipment or trampoline
- Receiving a dog bite
- Drowning or near drowning in the neighbors pool
Often times, individuals are hurt on another homeowner’s property due to obstruction or surface issues leading to a slip and fall. Some of these include:
- A fall caused by uneven sidewalk pavement
- Slips caused by accumulated snow or ice
- Injury in house by tripping over unworn, raised or torn carpeting
- Slip and falls caused by inadequate lighting
- Slip and fall caused by beverages are food on the floor
- Tripping over electrical wires or cords
- A fall caused by slipping on wet pavement around a backyard swimming pool
Hiring an Attorney to Prosecute an Injury that Occurred at the Home of a Friend or Family
In some situations, the victim might not have a strong legal case to present against the property owner. However, they are often entitled to specific medical benefits that can be obtained through a homeowners insurance claim. A skilled attorney can use legal means to help determine who possesses the property. Premises possession often involves:
- Individuals occupying the land and property with the intent of controlling it
- Individuals entitled to immediately occupy the premises if no others have possession
Kevin P Landry personal injury lawyers offer an initial consultation free of charge to evaluate the case. They offer their services with no upfront costs. Working on consignment, the lawyers can investigate the incident, interview witnesses and collect essential evidence to prove the claim. Having a seasoned attorney provide legal counsel to the victim is essential when navigating through the complex Massachusetts legal system to receive adequate recompense.
