Landlord Liability in Massachusetts and Premises Liability Claims

Landlord Liability in Massachusetts and Premises Liability Claims

A paper published in the Boston College Law Review discusses premises liability as it relates to landlords who oversee residential properties. The author examines several landmark cases and how they demonstrate the evolution of legislation regarding premises liability claims. Even the history of premises liability dating back to neo-feudal society is discussed.

One of the important points of the paper involves noting that in many cases, landlords cannot be held liable for injuries incurred on their premises. However, there are exceptions to this rule. The most common general exceptions include the following situations:

  • Injuries caused by defective property under the landlord’s control;
  • Injuries resulting from defects that are not readily visible;
  • Injuries resulting from defects of a pre-furnished dwelling;
  • Injuries occurring due to negligently made repairs.

History of Premises Liability Claims in Massachusetts

Though the paper cited is several decades old, the Commonwealth of Massachusetts, Section 15, Chapter 186, states that any provision of a lease agreement that attempts to relieve a landlord of the types of liability stated above would be “against public policy and void.” In other words, these rules still apply today.

Landlords owe a duty of care to their tenants to the extent they can influence conditions on their property. If it can be shown that a landlord was aware of a hazardous condition in a common area of their property and failed to take action to fix it, they can be held liable if a tenant suffers an injury because of the condition.

Tenants cannot pursue premises liability claims for injuries incurred on that part of the property that they own under a lease agreement.

Premises Liability Claim Experts

Premises liability cases are one of our many specialties at the Law Offices of Jeffrey S. Glassman. Our experienced lawyers will pursue your premises liability claim with aggressive determination. Rest assured you will be in good hands and receive the maximum amount of compensation possible.

Contact us today for a free consultation regarding your case.

Sources:

http://lawdigitalcommons.bc.edu/cgi/viewcontent.cgi?article=1685&context=bclr

https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXVI/Chapter111/Section199

https://www.jeffreysglassman.com/premises-liability.html