you may be eligible for compensation

Premises liability seeks to hold property owners accountable for injury claims that occur while the victim is on said property. While the statutes governing premises liability can get fairly complicated, the general idea is that someone who has entered your property should have a reasonable expectation of safety, which means that property owners are charged with providing a safe environment for customers, tenants, and guests.

Injuries that could qualify for premise liability lawsuits vary greatly, but slip-and-fall accidents are common, as are injuries that result from the usage of equipment on the property (a roller-coaster accident, for instance). In determining whether the property owner is liable for injuries sustained on their property, factors such as the status of the victim, condition of the property, and/or the activities undertaken by either the visitor or the owner, or both.

Legal Status and Liability

While many states make a distinction between invitee (someone who is invited onto the property, such as a store customer) and a licensee (someone who enters the property for their own purposes at the owner’s consent, such as a party guest), Massachusetts eliminated these distinctions in 1973 (Mounsey v. Ellard). The court in this case established the precedent that “a landowner must act as a reasonable [person] in maintaining his property in a reasonably safe condition in view of all the circumstances, including the likelihood of injuries to others, the seriousness of the injury, and the burden of avoiding the risk.”


In short, the owner or tenant of that property is charged with maintaining a safe environment; examples include:

  • Property owners could also be found liable for injuries sustained by trespassers if the owner was found to have acted with “willful, wanton, or reckless disregard of the trespasser’s safety.”
  • Additionally, the “Attractive Nuisance” doctrine places the property owner in a position of liability if and when a trespassing child who cannot comprehend a dangerous environment due to their age is injured on the property.
  • In situations where an individual or entity does not own a piece of property but are renting or leasing it, the tenant, leaser, or property owner (or all three) could be found liable for injuries that occur on the property.
  • Lastly, landowners are under a duty to warn all lawful visitors of all known potential safety issues on the property.

The Law Offices of George A. Malliaros

If you or a loved one has been injured as a result of the negligent or reckless behavior of a property owner, please contact the Law Offices of George A. Malliaros to receive a free consultation in which we will review the particulars of the incident and determine the viability of your claim. Call (978) 452-6641 or complete the form on this page to schedule your free consultation today. Our contingent fee policy ensures that you do not pay a dime in fees or expenses unless or until we are able to achieve a recovery on your behalf.

Set up a free consultation!

Still Have Questions? Call Now: (800) 856-4449