Property owners in Massachusetts must use reasonable care to keep their premises safe for visitors. When a landlord, store, business, or homeowner ignores a known hazard and someone is hurt, premises liability law allows the injured person to seek compensation.
The Duty Massachusetts Property Owners Owe
Massachusetts uses a single 'reasonable care' standard for lawful visitors. Property owners and occupiers must maintain their premises in a reasonably safe condition, repair or warn of hidden dangers they know or should know about, and inspect for hazards. This applies to stores, apartment buildings, hotels, restaurants, parking lots, office buildings, and private homes.
Common premises hazards include broken stairs and railings, inadequate lighting, wet or slippery floors, falling merchandise, swimming pool dangers, and unsafe sidewalks and walkways.
Negligent Security Claims
When a property owner fails to provide reasonable security — adequate lighting, working locks, security personnel, or surveillance — and a visitor is assaulted or harmed as a result, the owner may be liable for negligent security. These claims often arise at apartment complexes, parking garages, hotels, and bars in areas with known crime problems.
Building Your Premises Liability Case
Evidence is everything in a premises case. Photographs of the hazard, incident reports, surveillance footage, maintenance records, prior complaints, and witness statements all help prove the owner knew or should have known about the danger. Much of this evidence is controlled by the property owner and can be lost quickly, so prompt action and a litigation-hold request are important.
Massachusetts' comparative negligence rule applies, and insurers often argue the visitor was careless. As long as you were not more than 50 percent at fault, you can recover compensation reduced by your share.
Frequently Asked Questions
It is the legal responsibility of a property owner or occupier to keep their premises reasonably safe. When they fail and someone is injured, the injured person may have a claim.
Possibly, through a negligent security claim, if the owner failed to provide reasonable security measures and that failure contributed to the harm.
Generally three years from the date of injury under Massachusetts law.
Nothing upfront. Our network attorneys work on contingency — no fee unless they recover compensation for you.
Injured in Massachusetts? Your free case review is one call away. Reach us at 973-566-5599 — available 24/7, no fee unless you win.