Landowners and business operators have certain legal duties to those who come onto their property for business purposes. This includes the duty to maintain the property in a reasonably safe condition. However, those who enter another party’s property unlawfully are not necessarily owed the same duty of care. While the landowner does not have…
In order to adjudicate a claim, a court must have subject matter jurisdiction, personal jurisdiction, and venue. If subject matter jurisdiction is not present, the only remedy is dismissal of the case because the court lacks the authority to hear the case. With regard to personal jurisdiction and venue, however,…
Releases and waivers of liability are so commonplace these days that many people sign them without even stopping to consider the consequences. Perhaps they even doubt that such agreements will hold up in court if an accident does happen. The truth is that a release or waiver is an important…
Store owners, including those that own grocery stores, convenience markets, and other establishments selling food, have a responsibility to keep their premises in a reasonably safe condition. Although there are some general requirements, the specifics of what is considered “reasonable” can vary from case to case. Generally, the term “reasonably safe…
Generally speaking, businesses and other landowners have a duty to maintain their premises and warn visitors of known dangerous conditions. A failure to do so can result in an award of monetary damages to a person who is hurt due to the business owner’s breach of duty. Of course, such cases…
When the negligence of a landowner or business operator causes a guest or customer to fall and suffer injuries, the injured person can file a premises liability lawsuit to seek monetary compensation for medical expenses, lost wages, pain and suffering, and other damages. Typically, the defendant in such a case…
The Massachusetts recreational use statute, also known as the Massachusetts public use statute, shields from liability those who make their land available to the public for recreational use in certain situations. Of course, this exemption is not automatic, and a landowner must prove that he, she, or it is entitled to…
Premises liability lawsuits can arise from a number of circumstances: negligent maintenance, defective design, and debris left in walking areas, just to name a few. In these types of cases, sometimes referred to as slip and fall or trip and fall accidents, an injured person can potentially recover damages for medical…
Business owners are supposed to maintain their premises in a reasonably safe condition. This includes performing necessary maintenance, regularly inspecting the property for dangers, and taking other, related steps to keep patrons from being injured. If a property owner or business operator breaches the duty of care owed to a patron, he…
While negligence law generally serves to hold those who owe and breach a duty of care to others responsible for any resulting harm proximately caused by the breached duty, this is not always so for governmental entities such as cities, towns, and states. Under the doctrine of sovereign immunity (sometimes expressed…