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Premises Liability Settlements in Massachusetts

If you have been involved in a premises liability in Massachusetts, understanding how the state's personal injury laws affect your claim is essential. Massachusetts follows the modified comparative fault (51% bar) system, and you have 3 years from the date of your injury to file a lawsuit.

Premises Liability Settlement Range in Massachusetts

Nationally, premises liability settlements range from $5,000 to $200,000. In Massachusetts, settlement values are influenced by the state's fault rules, damage caps, and local jury tendencies.

Low

$5,000

Estimated

$35,000

High

$200,000

How Massachusetts Law Affects Your Premises Liability Claim

Massachusetts uses a modified comparative fault system with a 51% bar and has no statutory cap on compensatory or non-economic damages in personal injury cases. The state's mandatory automobile insurance and no-fault PIP system affect how car accident claims are processed before a tort lawsuit can be filed. Boston is home to a highly active plaintiffs' bar, contributing to above-average settlement values.

Under Massachusetts's modified comparative fault (51% bar) system, your settlement may be affected if you share any responsibility for the accident. Your recovery will be reduced by your fault percentage, and you are barred from recovery if your fault reaches 51% or more.

Factors Affecting Premises Liability Claims in Massachusetts

  • Property owner's knowledge of the hazard
  • Reasonableness of maintenance and inspection
  • Victim's status (invitee, licensee, trespasser)
  • Adequacy of warnings and signage
  • Building code and safety regulation compliance
  • Security measures and foreseeability of crime
  • Comparative negligence of the injured party

Common Premises Liability Injuries

Broken bones from falls on uneven surfacesHead injuries from falling objects or debrisAssault injuries from inadequate securityDrowning in unfenced or unsupervised poolsElevator and escalator entrapment injuriesBurns from exposed wiring or hot surfacesDog bites on rental or commercial property

Relevant Massachusetts Statutes

  • Mass. Gen. Laws ch. 260, § 2A (statute of limitations)
  • Mass. Gen. Laws ch. 231, § 85 (modified comparative fault, 51% bar)
  • Mass. Gen. Laws ch. 140, § 155 (dog bite strict liability)

Premises Liability Claims in Massachusetts Cities

If your premises liability occurred in Boston, Worcester, Springfield, Cambridge, Lowell, or anywhere else in Massachusetts, the same state laws apply. Local court systems and jury pools can also influence settlement outcomes.

This information is for educational purposes only and is not legal advice. Consult a licensed personal injury attorney in your state.