Boston Lawyer - Premises Liability - The Fernandez Firm
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Premises Liability


Property owners in the state of Massachusetts, whether individuals or businesses, are required to properly maintain the property to ensure the safety of others. This obligation also applies to individuals renting a property. If you were welcomed onto the property and harmed, you may be protected under premises liability if you can prove the property owner or renter is at fault. This means you may be eligible to receive compensation for medical costs and other damages you’ve incurred as a result of the injury on the property. Again, it is necessary to prove the property owner or renter was legally required to maintain a level of safety for guests on the property.


Massachusetts premises liability law carries three different levels of responsibility for property owners. The different levels are broken down by the reason(s) for individuals being on the property.




This level typically applies to businesses. If a property owner runs a business, it is expected that customers and potential customers may come on the grounds of the property to perform a business transaction. In this instance, the property owner is legally obligated to provide a high level of safety and perform regular inspections. The property should be free of hazards—and if a hazard(s) exist, there should be sufficient warning to patrons.




An intermediate level of safety is required under this category. Under premises liability law in the state of Massachusetts, licensees refer to individuals who are invited to a property in a casual manner, such as friends and family. Property owners should maintain a hazard-free property and warn guests if there are any dangerous areas or items. However, property inspections are not mandatory.




Individuals illegally entering a property are owed little safety by the property owner. However, law states the owner cannot set up any kind of trap for trespassers. If a property owner is aware of a trespasser(s) being on their grounds, it’s required for the owners to alert the trespasser(s) to any hazards or dangers that may exist. Additional safety precautions must be taken for attractive nuisances, which are items such as a swimming pool or a trampoline, where the injury risk of being on or near this item is higher.


There are common premises liability claims for both commercial properties and residential properties. Others can occur equally at both. Have you been injured or harmed on someone else’s property where you think the owner(s) was negligent in maintaining safe conditions? Below are some common incidents that have led to personal injury claims under premises liability law in the state of Massachusetts.

  • Falls
  • Parking lot injuries
  • Stairwell injuries
  • Faulty handrails
  • Poor lighting
  • Negligent security
  • Careless merchandise storage
  • Swimming pool/drowning accidents
  • Victim of assault on a property
  • Child abuse (at school, church or daycare)
  • Playground/amusement park injuries


Know your rights as a guest on a business or residential property. If you’ve been harmed as a result of a property owner’s or renter’s negligence, you may be eligible to receive compensation for damages.

Frank Fernandez was my lawyer for my case. He did a great job on handeling my case. Frank went out his way to get the proper justice in my defense. He didn't just give up on me Frank skills are great he is a great lawyer and I would tell anyone about his services. He is a good man.
Corey Williams
Corey Williams
15:38 21 Aug 17
Very professional and personable. highly recommended. Cared about my cases.exceeded expectations. Thank You Frank.
Adrian Mojica
Adrian Mojica
23:53 10 Aug 17
Was very helpful through out the whole process and was able to get good results out of the cases an less than a year which is amazing.
Xavier Perez
Xavier Perez
18:16 08 Jul 17
Very great to work with. Knowledgeable, calm, cool, and collected. Highly recommended.
Ryan Askerberg
Ryan Askerberg
08:48 07 Jul 17
I am happy that I chose Frank to be my lawyer, and I will choose him again in the future. Although we agreed that I will pay him more money if my case went to trial, but he did his best to get my case dropped, and in fact the case was dismissed, and I didnt have to go through a trial or pay him extra money. He did all the work and all i had to do was showing up in court, I didnt need to speak a word. Very impressing, Frank is someone you can trust, and I respect him and his work
Remas 20007
Remas 20007
18:31 11 Oct 16
He is an amazing lawyer and I recommend him tremendously! He cares about his clients and I assure you he will try his best to get you the best outcome! Highly thankful that I found him, he goes out of his way to please his clients and is very effective. If you are a latino or hispano do not even hesitate and hire him ASAP.
Maria Jose Escobar Navarro
Maria Jose Escobar Navarro
17:05 04 Oct 16
Very honest. Accepted my case while I was in NYC. Explained to me exactly what will happen at minimum cost. First time I can say I met an honest attorney. As a business and real estate in NYC, I retained many attorneys whose goal was to maximize their fees. Mr Fernandez was very reasonable and upfront honest with his fee. Very highly reccomend.
John Haniff
John Haniff
20:51 09 Feb 16
Frank Fernandez should be the first call anyone makes within the Boston area for legal representation. As a working professional, I made a horrible mistake and I was arrested with the potential of spending a lot of time in jail with the potential to have charges escalated. His efforts saved me a lot of potential pain and grief. He came to my rescue when I had no family locally to help me out of the situation my actions caused.I was fortunate that I found him out of the chaotic choices that are out there. Frank is professional and cares about all of the elements which affected the outcome of my case. My life and my career are back on track and I could not have done this without Frank's ability to react and change the course of difficult decisions. Trust, integrity, honesty, alongside the ability to dig deep, are just some of the characteristics of the person who accepted my case in the middle of the night.If you need a sanctuary when you can only see your life taking a change for the worse, call Frank and explain the elements of your case. I've got his card in my car, my wallet, my desk when I've got the potential for any type of legal action. I know he's someone that I can depend upon.I'm not posting for sake of Frank's business, I'm posting to convey my thanks for a difficult set of circumstances that I'll not face due to his ability to think quickly and make reliable decisions in spite of the issues that resulted from my actions.
Tom Coll
Tom Coll
13:41 25 Nov 15