Whether you’ve traveled to Massachusetts for a resort vacation or are out for a day-trip with the family, an injury can mess up more than your day. In some cases, someone else may be responsible for compensating you for your injuries. Some common examples include:
As you can see, the wide range of possible injuries on vacation or while visiting the local waterpark also means a wide range of possible legal claims. The most common involve:
Knowing who may be legally responsible for your damages requires a little understanding of how the types of law listed above may apply in a resort or recreation injury case.
Landowners generally owe a duty to customers and other visitors on their property to maintain the property in reasonably safe condition, or to warn them of hazards on the property. However, the exact duty differs based on the type of visitor to the property. For example, the duty owed to a trespasser is very limited, while the duty owed to a shopper in a business establishment is much more significant.
If the landowner fails in this duty and someone is injured because of that failure, the property owner will likely be responsible for the injured party’s damages, such as medical expenses and income lost due to the injury.
You should also be aware that under Massachusetts law, property owners who make their land available for recreational use at no cost are immune from most premises liability claims. However, there is an exception if the injury was caused by the landowner’s “willful, wanton or reckless conduct.”
When you think of resort and recreation injuries and liability, it’s natural to think first of the business that runs the property or facility where you were injured. But, sometimes injuries are caused by others on the premises. For example, an intoxicated guest at a hotel pool who aggressively or accidentally knocks you into the pool may be liable for the injuries they cause. A golfer who operates a golf cart negligently and hits another golfer may be responsible.
If you’ve been injured by a third party in this type of setting, you’ll want to talk to your injury lawyer about whether there may be additional responsible parties. For example, if the golf course rented the cart to an obviously intoxicated golfer and that golfer injured you, the facility may also be partly responsible.
Motor vehicle accident injuries may involve the business or third parties. For example, if your hotel shuttle is involved in a motor vehicle accident, liability will depend on how the accident happened and who operates the shuttle. If another driver was entirely responsible for the accident, that case is very similar to any other motor vehicle accident case.
However, if the shuttle driver was wholly or partly responsible, you’ll need to determine who is responsible for the driver’s actions. If the hotel owns the shuttle and employs the driver, they may be liable.If an outside bus company operates the shuttle, they may be liable. There are other possibilities, so it’s important to fully explore possible responsible parties with your attorney.
The information above covers only the most common types of injuries that may occur at a resort or during recreational activities. Whether you’ve fallen, been in a skiing accident, been hit by a car, been injured on a poorly-maintained deck, or otherwise gotten hurt while trying to enjoy some leisure time, your best next step is to talk to a Massachusetts personal injury lawyer.
If you or your loved one has been injured at a resort or partcipating in a recreational activity, you may be entitled to compensation. A free consultation with an experienced local attorney is the quickest, most reliable way to gather information about your rights and options. To get started right now, just call The Broderick Law Firm, LLC at 978-459-3085 or fill out this contact form to schedule a free consultation.
Attorney Kevin J. Broderick has devoted his career to helping people who have been injured through someone else’s fault. He understands how difficult and stressful the aftermath of a serious injury can be, and wants to make it as easy as possible for you to get the help you need.
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The sooner you schedule your free consultation with an experienced dog bite lawyer you will be to protect yourself and your claim and pursue the compensation you deserve. You can start right now by calling 978-459-3085 or fill out the contact form on this site to get a free consultation. Even if you aren’t sure if you have a case, it is always better to call and ask.
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