Do I Have A Case Against A Landlord in Massachusetts?

Premises liability cases in Massachusetts.  Good afternoon. I’m Neil Burns. I’m an attorney here at Six Beacon Street and along with my partner, Roshan Jain, we represent victims of personal injury and in particular premises liability cases, which is what I’m going to talk about today.  The premises liability cases fall into many, many categories, but the two basics are cases against your landlord or cases against a commercial landlord. 

The bottom line is reasonableness. If something breaks, a railing breaks, and you call the landlord, and one minute later, somebody falls through it and  gets injured, they may not have had enough notice. And the opposite, of course, you keep complaining to the landlord about a broken  railing, about broken steps, and they don’t do anything about it, someone gets hurt, you or one of your invitees,  clearly they’re responsible and you can use the reasonableness standard to go into all of the types of cases that premises liability cases are. Such as a commercial, you go to the bathroom in a  supermarket or a big box store and there’s water all over the floor.

Well, if it happened two minutes before, maybe they’re not liable. But if they’ve been told there’s a plumbing problem for months on end and they haven’t fixed it, maybe they are liable. So you need to get into the facts and you need to get into the reasonableness. Somebody spilled something in an aisle  in the supermarket and they don’t know that it’s been spilled.

Somebody falls within a few seconds, a few minutes, maybe they’re not responsible. We had this case, if water comes down onto the produce and it’s been coming down for months, years, and it dribbles onto the floor and there’s no mat there, they knew or should have known. They put that water there. They put that spout there for water to come down. Somebody falls, gets injured. And again, we had that case because they knew or should have known that the water was going to cause an injury.  This can go into snow and ice cases as well. 

So if you’ve been injured in a premises case, first you have to look at who the defendant might be. It can’t be yourself if you’re injured in your own house, but  is the defendant someone who was not reasonable? So look at what the reasonableness standard is. The reasonableness is what’s in the community, in your community. 

One thing that’s critical in these cases that doesn’t happen enough is we need pictures. We need witnesses. And if, for example, you fall on ice and you don’t take pictures for a few months, it’s a very different scene. Take pictures that day, it’s very helpful. If you have a witness, it’s very helpful.  So think through how we can show the landlord or the owner of premises was not reasonable.  If you’re a victim, call Burns and Jain 617-227-7423.

We’re aggressive, we’re effective, and we care about you. We’ll give you a free initial consultation, so give us a call. Thank you.