What Duty of Care Does a Property Owner Owe You in Massachusetts?

If you’ve ever slipped on a wet floor in a store or tripped over a broken stair in an apartment building, you’ve probably wondered, “Should the property owner have done something to prevent this?” The answer is a legal concept called duty of care, a key part of premises liability law. At Breakstone, White & Gluck, we’ve helped many Massachusetts clients who were injured because a property owner failed to keep their property safe. Understanding what duty of care a property owner owes you can help you figure out whether you have a case, and what your legal rights might be.

What is “duty of care”?

In simple terms, duty of care means that a property owner has a legal responsibility to keep their property reasonably safe for people who visit there. This can include:

• Fixing hazards like icy walkways or broken railings
• Warning about dangers that aren’t easy to see
• Regularly inspecting and maintaining the property

If a property owner fails to take reasonable steps to keep their property safe, and someone like you is injured because of it, that’s when a premises liability claim may come into play. However, not every injury automatically means the property owner is responsible. Whether they’re liable depends on the type of visitor and the situation.

What are the different types of visitors to a property?

When it comes to premises liability, Massachusetts separates people who enter a property into different categories. Each type of visitor is owed a different level of care. Let’s break it down further.

An invitee is someone who is invited onto the property for business or public reasons. This includes shoppers at a grocery store or mall, hotel guests, restaurant patrons, delivery workers, and clients visiting an office. Property owners owe invitees the highest duty of care. That means they must regularly inspect the property, fix any known hazards, and warn people about dangers they haven’t repaired yet.

Here’s an example. A customer walks into a supermarket and slips on a puddle of water near the entrance. If the store knew, or should have known, about the spill and didn’t clean it up or post a warning sign, they could be held responsible.

A licensee is someone who is on the property with permission, but not for business purposes. This includes social guests (like friends at a barbecue), neighbors who drop by to visit, or someone using your driveway with permission. For licensees, the property owner must fix or warn about known dangers, but they don’t have to inspect the property for hidden hazards like they do with invitees.

Here’s an example. If you invite a friend over and you know there’s a loose board on your deck, you’re supposed to either fix it or warn them. If you do nothing and they become injured, you could be held liable. It’s worth noting that the difference between invitees and licensees has become less important over time. For the most part, the state expects reasonable efforts to maintain relatively safe premises.

A trespasser is someone who enters the property without permission. This includes someone sneaking onto private property or a person walking across another person’s lawn without permission. Property owners generally do not owe a duty of care to trespassers. However, there are some important exceptions. You can’t intentionally harm a trespasser with things like booby traps or reckless actions. If the trespasser is a child, there are special rules. Property owners must make sure to secure any “attractive nuisances,” like pools, trampolines, or abandoned buildings that might tempt children.

What about property owners and tenants?

In apartment buildings or rental properties, both landlords and property managers have a duty to keep common areas safe. This includes stairwells and hallways, entryways, sidewalks and parking lots, and laundry rooms or shared spaces.

Tenants are typically responsible for keeping the inside of their unit safe, but landlords still need to respond to serious maintenance issues, especially if they’ve been warned about a hazard and fail to fix it. For example, if a broken stair railing in a shared hallway causes a fall, and the landlord knew about it but didn’t fix it, they could be held liable.

What are some common examples of premises liability cases?

Here are a few real-world scenarios where a property owner’s duty of care might come into question.

• A woman slips on an icy patch in a store parking lot that hadn’t been salted. Since the store is open to the public and should regularly maintain the lot, the injured woman may have a valid claim.
• A tenant falls down a poorly lit staircase with loose carpeting. If the landlord was notified but ignored the issue, they may be held responsible.
• A pedestrian walking on the sidewalk is hit by a falling piece of construction debris. If the building owner or contractor failed to follow safety rules, they may be liable.
• A tenant suffers burns due to scalding water caused by a faulty hot water system that the landlord failed to repair. This could be considered a breach of duty.

How do I prove a Boston premises liability claim?

If you’re injured on someone else’s property and think they were at fault, there are a few things you’ll need to prove:

• The property owner owed you a duty of care.
• They failed to meet that duty (for example, by ignoring a safety hazard).
• You were injured as a result.
• Your injury caused damages, like medical bills, lost wages, or pain and suffering.

This is where having a knowledgeable Boston premises liability lawyer can really help. At Breakstone, White & Gluck, we investigate the facts of your accident, gather evidence, and work with experts to build a strong case on your behalf.

What should I do if I’m injured on someone else’s property?

If you’re injured on someone else’s property in Massachusetts, here’s what you should do:

• Seek medical help immediately. Even if they seem minor, some injuries can worsen over time.
• Report the incident. Let the property owner or manager know what happened and ask for a formal written report.
• Take pictures. Document the scene, your injuries, and anything that may have caused the accident.
• Talk to an experienced Boston premises liability lawyer. Don’t deal with the insurance companies on your own. We can help protect your rights.

Why do I need a Boston premises liability lawyer?

Insurance companies often try to minimize claims by stating that the injury was your fault or that the hazard wasn’t serious. However, property owners have legal responsibilities, and if they don’t live up to them, they should be held accountable.

At Breakstone, White & Gluck, our Boston premises liability lawyers have over 100 years of combined experience representing people injured on unsafe properties. We know how to deal with the insurance companies, gather valuable evidence, and fight for the compensation you deserve. We’ve recovered millions of dollars for injured clients across the state, and we’re ready to help you, too.

Whether you slipped on an icy walkway, tripped in a dark hallway, or were hurt because of unsafe property conditions, the experienced team at Breakstone, White & Gluck is here to help. We can explain your options, gather the facts, and fight for the compensation you need to recover from your injuries and move forward with your life. Call us or use our contact form to schedule a free, no-obligation consultation today.