Premises Liability

Cases involving premises liability — the liability of a property owner for injuries that occurred on that property because of negligence — can be surprisingly complex, both legally and factually. At Meehan, Boyle, Black & Bogdanow, the firm’s trial attorneys work collaboratively, using their skills and experiences in a team environment to create the best possible results at every stage of litigation, from document-heavy discovery, through consultations with well-respected experts, to compelling and convincing jury trials.

MBBB lawyers have won favorable verdicts and settlements in numerous premises liability cases, including cases involving:

The death of a college student during a fraternity drinking game that the university and fraternity knew about, but had no policies in place to prevent
Assaults in parking garages and parking lots where the owners of the premises failed to satisfy their obligation to provide adequate security
Drownings and paralysis injuries involving swimming pools, including the entrapment of children by pool and spa drains
Injuries to pedestrians when windows fell from a high-rise building
Slip-and-fall accidents caused by leaky ceilings or leaky pipes
A restaurant or bar serving visibly impaired patrons, who in turn cause injury to others (known as “dram shop”)
Defective wiring
Defective hotel stairs, subway platforms, and airport runways

Significant Cases

MIT Fraternity Hazing

$7.7 million on behalf of the victim’s family in a case against the Massachusetts Institute of Technology and the FIJI fraternity arising out of the death of a college student following a dangerous hazing ritual. In addition to the settlement, the firm obtained a 10-year commitment to produce a professional anti-hazing/binge-drinking educational videos and programs.

Wicks v. Choice Hotels, et al.

$2.5 million verdict obtained for the family of a 31-year-old man that died of complications from a near-drowning at a hotel pool in Cape Cod. The Hotel was found to have poorly maintained the pool and the emergency phone required dialing ‘9’ before ‘9-1-1’, rendering it useless as the man’s young children called for help.

Negligent Landscaping Company

$11 million settlement obtained in matter where a 30-year-old man suffered severe traumatic brain injury after being struck in the head by a falling tree limb that was being removed by a landscaping company.

School Failed to Supervise an At Risk Student

$800,000 settlement was achieved for the family of a high school student who tragically took his own life after being exposed to triggering social situations while on a school field trip. The school failed to properly supervise and support the young student, who was known to be at risk.

In 2021, injuries from a fall in a public place caused 14,700 deaths, while injuries sustained in a fall at home caused 29,100 deaths.

Frequently Asked Questions

What is premises liability?

Premises liability refers to the legal responsibility of property owners and occupiers to maintain a safe environment for visitors. If someone is injured on their property due to unsafe conditions, such as a wet floor, defective stairs, or inadequate security, the property owner may be held liable for the injuries.

What types of accidents could lead to a premises liability claim?

Common examples of premises liability cases include:

Slip and falls or trip and falls due to wet or uneven surfaces.

Injuries caused by falling objects.

Accidents due to broken stairs, loose handrails, or faulty elevators.

Dog bites or animal attacks.

Injuries from fires, flooding, or other hazards.

Assaults due to inadequate security on the premises.

What must I prove to win a premises liability case?

To win a premises liability case, you generally need to prove four key elements:

You were legally on the property: You must show that you had a right to be there, such as being an invited guest, a customer, or someone with lawful access. (Even trespassers may sometimes have rights, but those cases are more limited.)

The property owner or occupier was negligent: This means they failed to maintain the property safely, didn’t fix a dangerous condition, or didn’t warn you about a known hazard.

Their negligence caused your injury: You must show that the unsafe condition directly led to your accident and injuries.

You suffered damages as a result: This includes physical injuries, medical expenses, lost wages, or pain and suffering caused by the accident.

Each of these elements must be proven for your case to succeed. An experienced attorney can help gather the evidence needed to build a strong claim and hold the responsible parties accountable.

Who can be held responsible in a premises liability case?

The property owner, property manager, landlord, a third-party, or even a tenant could be held responsible, depending on who had control over the premises and the hazardous condition that caused your injury. Determining liability often requires a detailed investigation, which our experienced attorneys will handle.

What is the statute of limitations for premises liability claims in Massachusetts?

In Massachusetts, the statute of limitations (or legal deadline) for filing a premises liability lawsuit is generally three years from the date of the injury. However, exceptions may apply depending on the circumstances and the deadline varies from state to state. It is crucial to consult with an attorney promptly to ensure your claim is filed within the required timeframe.

What compensation can I receive in a premises liability case?

Every case is unique, and the amount of compensation will depend on factors like the severity of your injuries, the circumstances of the accident, and the resources of the responsible party. Victims of premises liability accidents may be entitled to compensation for:

Medical expenses: Covers costs for hospital stays, surgeries, medications, physical therapy, and future medical needs related to your injury.

Lost income and diminished earning capacity: Reimburses wages lost due to time off work and accounts for future earnings if your ability to work is permanently affected.

Pain and suffering: Compensates for physical pain and discomfort caused by your injuries.

Emotional distress: Addresses psychological harm, such as anxiety, depression, or trauma stemming from the incident.

Loss of enjoyment of life: Reflects the impact of your injury on your ability to participate in activities or hobbies you once enjoyed.

While we cannot guarantee a specific recovery amount, our attorneys are committed to pursuing maximum compensation for you.

Can I still recover damages if I was partially at fault for my accident?

Yes. Under Massachusetts’ modified comparative negligence law, you can recover damages as long as you were not more than 50% responsible for the accident. However, your compensation will be reduced by your percentage of fault. For example, if you were 25% at fault, your damages award will be reduced by 25%. This is a complex legal concept that your attorney will clarify for you if it is relevant to your case.

Can I file a premises liability claim for an injury on government or public property?

Yes, but there are specific rules and procedures for filing claims against government entities. For example, if you were injured on public property, such as a city park, public school, or municipal building, you may need to file a notice of claim with the appropriate government agency before pursuing a lawsuit. In Massachusetts, claims against government entities are subject to strict deadlines and limitations, and you should contact an attorney as soon as possible to ensure that you meet any applicable deadlines. Our attorneys can help navigate these complex requirements and protect your rights.

What should I do after an injury on someone else’s property?

To protect your rights and strengthen a possible premises liability claim, you should:

Seek medical attention for any injuries immediately. Your health is your first priority.
Report the incident to the property owner or manager.
If possible, document the scene by taking photos or videos and gather contact information from witnesses.
Avoid discussing fault or making statements to insurers without consulting an attorney.
Call an experienced premises liability attorney for reliable legal advice.

Do not delay in taking these steps and consulting an attorney. Although Massachusetts typically allows three years to file a premises liability claim, it is important to gather information to support your claim while the evidence is available and witness memories are fresh.

How do I know if I have a valid premises liability case?

If you were injured on someone else’s property due to an unsafe condition, you might have a valid premises liability claim. Factors like the nature of the hazard or unsafe condition, the property owner’s knowledge of the hazard, and the extent of your injuries will influence the strength of your claim. Our attorneys offer a free initial consultation which will help clarify your legal options.

How long does a premises liability case take?

The timeline for a premises liability case can vary widely depending on factors such as the complexity of the case, the severity of the injuries, and whether the case is resolved through settlement or by jury trial. Some cases may settle within a year, while others could take a year or more if litigation is necessary. At Meehan, Boyle, Black & Bogdanow, we work to resolve cases efficiently while ensuring that we secure the best possible outcome for our clients.

Do I need a lawyer for a premises liability case?

While it’s not legally required to have a lawyer, hiring an experienced premises liability attorney significantly increases your chances of a successful outcome. A lawyer can help you by:

Investigating the incident and gathering evidence to support your claim.

Navigating complex legal procedures and deadlines.

Dealing with insurance companies and opposing attorneys who may try to minimize your claim.

Accurately identifying and calculating your recoverable damages, including future medical expenses and lost income.

Premises liability cases often involve legal complexities and resistance from property owners or insurers. Insurers who handle these cases daily typically try to undervalue claims and make lowball settlement offers. The attorneys at Meehan, Boyle, Black & Bogdanow can handle these challenges on your behalf, allowing you to focus on recovery while we fight for the compensation you deserve.

How can Meehan, Boyle, Black & Bogdanow help with my premises liability case?

Our experienced personal injury attorneys have successfully represented numerous clients in premises liability cases. We conduct thorough investigations, gather evidence, negotiate with insurance companies, and, if necessary, litigate to secure the compensation you deserve. Contact us for a free consultation to learn how we can help you.

Client Testimonials

Leo Boyle and John Carroll were tireless advocates for my family and I in the wake of a devastating severe traumatic brain injury I suffered in 2009. In the months and years after my injury, while the case was pending and long after, Leo and John took a personal interest in our case, continuously advocating for our safety and mental health. They displayed great intellect, as well as dedication and patience, in developing a compelling case and securing a much-needed settlement from the defendants. While it did not reverse the harm done, it provided us with the support, closure, and financial freedom we needed to move forward. — Leslie B.

I can't thank Meehan, Boyle, Black, and Bogdanow law firm enough for everything they did for my family during a really tough time. After a horrific auto accident that left our daughter with permanent physical and emotional damages, MBBB was there for us every step of the way. Not only did they offer expert legal advice, but they also showed genuine care and understanding. They made sure we were always informed, patiently answering all our questions and guiding us through the process, which made such a challenging situation so much easier to handle.

If you’re looking for a law firm that combines professionalism with true compassion, I highly recommend MBBB. Our amazing team—led by the incredible Jennifer, with exceptional support from Catherine and the expertise of Leo—really went above and beyond. We’re so grateful for everything they did for us.

Working with Jeremy Carroll has been a great experience in managing my auto accident case. He listens, he is knowledgeable, experienced, and personable. He was able to achieve and negotiate a fair settlement. I would absolutely recommend hiring Jeremy! — Elisabeth W.

Jeremy Carroll took on our case for a car accident. Barbara and him were wonderful. Very attentive and professional every step of the way. I would highly recommend his services anytime! — Heatherly D.

Jenn and Catherine are two of the best at their job. Three words I would use to describe them are honorable, empathetic, and unwavering. The transparency of communication with them was unparalleled, and any single question I had was answered thoroughly and understandable. I would recommend the professionalism of Meehan, Boyle, Black & Bogdanow, P.C to anyone who finds themselves seeking justice in an unfortunate situation. After interviewing multiple law firms in the Boston area, I found that most firms just look at you as numbers on a spreadsheet. They lack humility, and don't realize that you are suffering in real time, not just on paper. This firm is the polar opposite, in that it is made of real people, with real understanding of what you are going through, and will do what it takes to make you feel some sense of closure. Thank you Jenn. Thank you Catherine. Thank you Meehan, Boyle et al. — Alex C.

I recently had the opportunity to work with Meehan, Boyle, Black & Bogdanow, PC, and I must say it was a wonderful experience. From the moment I reached out to them, they were attentive, understanding, and empathetic. Dealing with a personal injury can be stressful and overwhelming. They took the time to listen to my concerns and thoroughly explain the legal process. I would highly recommend them. — Lisa M.

I had a such a pleasant experience working with my attorney, Peter Ainsworth, and his paralegal Barbara. They are reliable, trustworthy, loving, and so caring. If you are looking for an attorney that cares about you, this is the place to go!!!! — Gabriela R.

My wife and I were in an accident while riding our motorcycle. The accident was clearly the fault of the other operator. We had never hired a lawyer to represent us in a civil action before, and I wasn't even sure we needed one. But the other party's insurance company was being unreasonable, so we decided to hire a lawyer. We have a friend that works at MBBB, and they gave us a strong recommendation, so we had an initial discussion to learn the process. MBBB put Jeremy Carroll and Catherine Croteau on our case, and we could not have been happier with the process and the way things turned out. In addition to being experts at their jobs, both Jeremy and Catherine are kind, empathetic people who held our hands throughout the process. As a settlement was being negotiated and we became impatient, Jeremy talked us off the ledge a few times and asked us to trust in his experience. I'm glad we did, because I believe he maximized our settlement. In addition to being great at what they do and being extremely professional, Jeremy and Catherine are super nice people. I hope we never need it, but if we ever need representation again, we will be calling them!

Attorney Jeremy and Barbara from his team have been so amazing to me and my family. We had a family death and Jeremy has been so professional, so patient, and so thorough every single step of the way. It has been truly one of the toughest years of our lives so far. Having Jeremy and his team's support during the whole process with court, etc. has been SO helpful. Also, what made it special is I didn't feel like I was JUST ANOTHER person, he really cares and really wanted the best for us — he knew what we were going through. THIS IS what you need on your side when you need a lawyer. Absolutely recommend him! — F.J.

I was in a car accident where I had sustained physical damage to both myself and my vehicle. Meehan, Boyle, Black & Bogdanow law firm was fantastic in helping navigate compensation for the damages I sustained. The law firm did a great job communicating with me throughout the entire process and was able to negotiate the best result financially. I would highly recommend this law firm to represent you. — Todd D.

For years I was dealing with a severe personal injury case. After being represented by four different attorneys, I finally found Meehan, Boyle, Black, and Bogdanow. I interviewed several so-called top firms and spoke to the big largest firms. Unfortunately, none of them understood the case's complexity or had a strategy to navigate successfully. I first spoke to Peter Ainsworth. He listened and showed genuine compassion and care for my situation. Peter then introduced me to the All-Star team of Jeremy Carroll and, Jennifer Denker, Nora Carroll, and then the real work began. Nora Carroll, a superstar who catalogued volumes of evidence from my previous attorneys, and coordinated obtaining additional information in an extensive medical file. Jeremy Carroll was the lead on my case and primary contact. He was invested, knowledgeable, analytical, and extraordinarily thorough. From the review stage to strategy and execution, he was exemplary. With compassion and intensity, this team of true professionals pursued my best interest. Then, when I didn't think it could get better, they added the experience and long-held wisdom of Leo Boyle. Being represented by Meehan, Boyle, Black, and Bogdanow meant the biggest disaster that happened in my life was finally resolved. I am extremely pleased with the negotiated settlement. Their efforts will make a big difference in being able to care for myself and my family. — Tyioun K.

Great Law Firm. Their paralegal, Nora, is so professional and very accurate, and gets back to you regarding any questions that you may have. Also, one of the attorneys, Peter, is nothing but professional and again is willing to answer any questions that you may have regarding any legal matters. THIS IS A 5 STAR FIRM AND ALL EMPLOYEES ARE VERY COMPETENT. KEEP UP THE GREAT WORK!!! — Christine S.

I had a very positive experience while working with Jeremy Carroll, Peter Ainsworth, and Nora Carroll at Meehan, Boyle, Black and Bogdanow law firm. All three of them treated me with respect and dignity every time we spoke on the phone or had a zoom call and I was always kept abreast with emails. I never needed to speak to any insurance company; it was all taken care of. I was never rushed nor swayed, the decision was always mine to make and my opinion was continually asked. Every aspect was handled with professionalism. I highly recommend this law office to represent you for all of your personal injuries! — Sara W.