Massachusetts Premises Liability Lawyer

What duty does a Massachusetts property owner owe a visitor?

A single duty of reasonable care. Massachusetts long ago stopped dividing lawful visitors into invitees and licensees, so a shopper, a social guest and a delivery driver are all owed the same basic protection.

Reasonable care means keeping the property in safe condition given its use, fixing hazards the owner knows about or should discover, and warning about dangers that cannot be fixed right away. Trespassers are treated differently. Owners generally must avoid willful, wanton or reckless conduct toward them, though special rules can apply to children drawn onto property by a dangerous condition.

The real fight in most cases is notice: did the owner know, or should it have known, about the hazard in time to do something? Inspection logs, cleaning schedules, prior complaints and surveillance video often answer that question.

Can you sue after slipping on snow or ice in Massachusetts?

Yes. Massachusetts courts hold property owners to the same reasonable-care duty for natural snow and ice as for any other hazard. Owners no longer escape liability simply because the ice formed naturally.

That rule matters in a state where nor'easters and freeze-thaw cycles run from November into April. Common winter claims involve:

• unsalted steps and porches at triple-deckers and older rentals,
• refrozen meltwater in store and office parking lots,
• ice under gutters and downspouts that drain across walkways,
• plowed snowbanks that block sidewalks and force pedestrians into the street.

The question is usually timing. An owner is not expected to clear ice the instant a storm ends, but it is expected to act within a reasonable period. Weather records, plowing contracts and photos taken the same day help show whether that happened.

How does comparative fault apply to a Massachusetts fall?

Your recovery is reduced by your share of fault, and it ends only if your share is greater than the combined fault of the owners and managers you sue.

Owners often argue that a hazard was obvious or that the visitor was looking at a phone. Suppose you fall on a dark stairwell in a Worcester apartment building with a broken light the landlord had been told about weeks earlier. A jury values your losses at $90,000 and finds you 30 percent at fault for not using the handrail. You recover $63,000. If the jury put your share at 60 percent, you would recover nothing.

Which Massachusetts properties lead to injury claims?

Some of the most common claims come from places that draw large crowds or house many people.

Apartments and older housing

Massachusetts has a large stock of older multi-family homes. Rotted porch boards, loose railings, steep back stairs and missing smoke detectors can all support claims. Landlords must also comply with the state sanitary code and building code, and violations can be strong evidence of negligence.

Stores, restaurants and hotels

Spills, torn mats near wet entrances and cluttered aisles cause many falls. Hotels in Boston and on Cape Cod see pool, balcony and bathroom injuries during the busy summer season.

Casinos and entertainment venues

Resort casinos in Everett and Springfield, along with stadiums and concert venues, have crowded floors, escalators and parking garages. These businesses usually have extensive camera systems, so a prompt request to save footage is important.

Negligent security

When an assault happens in a poorly lit garage or a building with broken locks, the owner may share responsibility if the attack was foreseeable. See our premises liability practice for more on these claims.

What if the hazard was on public property?

Claims against a Massachusetts city, town or state agency follow the state's tort claims rules. Written presentment to the proper official is required within 2 years, and the amount you can recover is limited.

Defects in public roads and sidewalks can follow a separate statute with a notice deadline measured in days, not years. A fall on a cracked municipal sidewalk, a broken stair at a public school or a slip in a state office building each needs its own analysis. Our government and public property claims team handles the notice steps.

Landowners who open land to the public for recreation without charging a fee also receive added protection under Massachusetts law, which generally limits their liability to willful, wanton or reckless conduct. That can affect falls on trails, beaches and conservation land.

What should you do right after a fall?

1. Report the fall to the manager or landlord and ask for a copy of the incident report.
2. Photograph the hazard, your shoes and the surrounding area before anything changes.
3. Get medical care and keep every record.
4. Ask in writing that video be preserved.

A dog attack on someone's property raises separate strict liability rules, explained on our dog bite page. For broader state rules, see our Massachusetts injury overview. Our team offers a free case review, and you pay no fee unless we win.