Massachusetts Injuries

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licensee

You just got a letter that says you were a "licensee" on the property, not an invitee, and that wording can affect how an insurance carrier evaluates fault. A licensee is a person who has permission to enter or remain on someone else's property, but is there mainly for the visitor's own purpose rather than for the property owner's business benefit. A social guest is the standard example. The key point is consent: a licensee is allowed to be there, unlike a trespasser.

In everyday claims, that label matters because it is used to argue what duty the property owner owed. Historically, owners owed licensees a narrower duty than invitees. In Massachusetts, that distinction was largely eliminated by Mounsey v. Ellard (1973), where the Supreme Judicial Court applied a general duty of reasonable care to lawful visitors. That means a homeowner or business can still be liable if a dangerous condition should have been fixed, blocked off, or clearly warned about.

For an injury claim, the real dispute is usually not the title but whether the owner had notice of the hazard and acted reasonably. On snow, ice, or black ice claims, especially after Massachusetts winters, insurers often focus on timing, maintenance, and foreseeability. Massachusetts also follows comparative negligence under G.L. c. 231, ยง 85: recovery is barred only if the injured person was more than 50% at fault, and any award is reduced by that percentage.

by Kathleen O'Brien on 2026-04-03

This article is for informational purposes only and is not legal advice. Every case is different. If you or a loved one was injured, talk to an attorney about your situation.

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