Premises Liability

If you have been injured due to negligence on the part of a property owner or possessor, you should consult Pomykato & Pomykato at (617) 423-0001 to see if you are entitled to compensation for your injuries, and if so, how to pursue your claim. Our team has decades of experience helping victims recover the money due to them, and is standing by to help you. To help you understand your rights and the responsibilities of those in charge of property, we have prepared an introductory guide on the topic below.

Improperly maintained premises can pose serious threats to life and limb. Owning or controlling property confers an obligation to ensure that visitors to that property are not placed at undue risk. The result of this obligation towards visitors, known as a duty of care, is that the controller may be held liable for injuries resulting from negligent maintenance of the premises. This premises liability includes responsibility to eliminate or provide warning of potential dangers, such as poor lighting, slippery conditions, or dangerous stairwells.

What does a duty of care entail? Who owes it, and to whom?

A duty of care is normally owed by the owner of a piece of property. However, there are cases where the owner may have reduced, or no responsibility for the safety of the premises. Typically, this occurs when property is rented or leased, and the owner does not control the property. Businesses which rent property are responsible for ensuring that it is safely maintained, whereas residential tenants may share maintenance responsibilities with the property owner.

Duty of care requires that the person controlling the property make the property reasonably safe for reasonable, foreseeable uses. This standard is intentionally broad, and allows community standards to be applied to define what constitutes reasonable care and which uses of a property are foreseeable by a reasonable person. In general, however, it means that the person in control of the property must consider what dangers are likely to be posed to a reasonable person on the property, how likely injuries are, the severity of likely injuries, and how burdensome it is to remove or lessen the danger. In general, no unreasonable dangers must be posed to lawful visitors, and they should be appraised of any dangers which are not immediately obvious.

Common Hazards

There are some hazards which are commonly found in a wide variety of situations. These include sticky, slippery, or uneven floors; faulty railings; faulty lighting; and faulty stairways. Any of these can result in slips and falls which may injure visitors. Other common hazards can include negligent security; faulty escalators and elevators; food poisoning; and building defects.

Some locations are especially prone to hazardous conditions, too. Construction sites, for example, frequently have a wide variety of hazards which visitors might encounter. Other locations in which visitors are likely to encounter hazards include ski resorts, stores, warehouses, and swimming pools. If you have been injured as a result of improper upkeep of these or other premises, call Pomykato & Pomykato today at (617) 423-0001, or fill out our contact form to the left; either method will get you a free consultation about your case.