Premises Liability Lawyer Massachusetts

Reviewed by Chris Murphy, Esq., Scalli Murphy Law, P.C. · Updated July 2026

Premises Liability Lawyer Massachusetts: Property Injury Claims Guide

When you are injured on someone else’s property due to a dangerous condition, Massachusetts law may entitle you to compensation. Premises liability is the area of personal injury law that holds property owners and occupiers legally responsible for injuries caused by unsafe conditions on their property. These claims apply to commercial buildings, retail stores, restaurants, apartment complexes, parking lots, private homes, and government property.

The numbers are significant. Falls alone account for over 8 million hospital emergency room visits each year nationwide. In Massachusetts, falls cause 900 older adults to visit an emergency room, 400 to be hospitalized, and 10 deaths every single week. If you or a family member has been injured on someone else’s property, understanding your rights under Massachusetts premises liability law is essential to protecting your claim and recovering the compensation you deserve.

Massachusetts Duty of Care: The Mounsey Standard

Massachusetts applies one of the most straightforward premises liability standards in the country, thanks to a landmark Supreme Judicial Court decision that simplified decades of confusing common law distinctions.

Mounsey v. Ellard (1973): The Modern Standard

Before 1973, Massachusetts classified visitors into categories with different legal standards: invitees (business visitors) were owed a duty of “due care,” while licensees (social guests) had to prove the much higher standard of “wilful and wanton disregard” of their safety.

In Mounsey v. Ellard, 363 Mass. 693 (1973), the Supreme Judicial Court abolished these distinctions entirely. The court held that property owners owe a duty of reasonable care to all lawful visitors, regardless of whether they are business customers, social guests, or any other type of lawful entrant. The court rejected the old categories as unfairly favoring landowner property interests over individual interests in personal safety.

This means that today, a Massachusetts property owner must act as a reasonable person would under all the circumstances, including considering the likelihood of injury, the probable seriousness of such injuries, and the burden of reducing or avoiding the risk. This standard applies equally to the customer in a Boston grocery store, the dinner guest at a private home, and the tenant walking through an apartment hallway.

Types of Premises Liability Cases in Massachusetts

Premises liability encompasses a wide range of case types. Understanding which category your claim falls into helps determine the legal standards and evidence that apply.

Slip, Trip, and Fall Claims

Slip and fall claims are the most common type of premises liability case. They arise from wet floors, uneven surfaces, broken stairs, loose carpeting, poor lighting, and similar hazards. A spilled liquid in a store aisle, a cracked sidewalk outside a restaurant, or a missing handrail on a staircase can all give rise to liability if the property owner knew or should have known about the hazard and failed to address it.

Snow and Ice Injuries

Snow and ice claims are particularly important in Massachusetts. The Supreme Judicial Court abolished the old “Massachusetts Rule” in Papadopoulos v. Target Corp., 457 Mass. 368 (2010), and today property owners owe a duty of reasonable care for snow and ice removal just as they do for any other hazard. What constitutes reasonable removal depends on the amount of foot traffic, the magnitude of risk, and the burden and expense of removal.

Negligent Security Claims

Property owners may be held liable when inadequate security measures lead to criminal acts on their premises, including assaults, robberies, and other violent crimes. These claims are common in apartment complexes, parking lots, bars, nightclubs, and retail stores throughout the greater Boston area, including Cambridge and Somerville. The injured person must prove the crime was reasonably foreseeable based on factors such as prior criminal activity on or near the property.

Dog Bite Claims

Massachusetts has a strict liability statute for dog bite injuries under M.G.L. c. 140, Section 155. The owner or keeper is liable regardless of whether the dog had any prior history of aggression, unless the victim was trespassing or provoking the dog. Children under seven are presumed incapable of trespassing or provoking.

Swimming Pool Injuries

Drowning, near-drowning, diving injuries, and slip and fall injuries around pool areas fall under premises liability. Swimming pools are considered “attractive nuisances” under Massachusetts law, meaning property owners face heightened responsibilities when children may access pool areas.

Elevator and Escalator Injuries

Building owners must maintain valid inspection certificates and comply with state elevator safety requirements under M.G.L. c. 143. Common causes include malfunctions, sudden stops, door failures, and entrapment.

Construction Site Injuries

Visitors, passersby, and delivery workers injured by unsecured materials, heavy machinery, inadequate barriers, or falling objects on or near construction sites may have premises liability claims against the property owner, general contractor, or subcontractors responsible for maintaining safe conditions.

Toxic Exposure

Exposure to toxic chemicals, asbestos, mold, carbon monoxide, lead paint, or other hazardous substances on someone’s property can cause serious health consequences ranging from dizziness and respiratory problems to cancer and organ damage. Property owners who know or should know about toxic conditions have a duty to warn visitors and take reasonable steps to eliminate the danger.

Common Premises Liability Injuries

Property injuries range from minor bruises to catastrophic, life-altering conditions. The type and severity of your injury directly affects the value of your claim and the pain and suffering damages you may recover.

Fractures

Broken hips, wrists, ankles, and vertebrae are among the most common fall-related injuries. Hip fractures are especially devastating for elderly victims, often requiring surgery and extended rehabilitation.

Traumatic Brain Injuries

A fall that causes the head to strike a hard surface can produce concussions, subdural hematomas, and other traumatic brain injuries. TBI symptoms may not appear immediately but can include persistent headaches, confusion, memory loss, and personality changes. Lifetime care costs for severe TBI can reach millions of dollars.

Spinal Cord Injuries

Falls are a leading cause of spinal cord injuries, which can result in partial or complete paralysis, chronic pain, and respiratory difficulties. These injuries often require lifelong medical care and adaptive equipment costing hundreds of thousands of dollars.

Soft Tissue Injuries

Torn rotator cuffs, torn ligaments, sprains, and strains are common in slip and fall cases. While sometimes dismissed as “minor,” soft tissue damage can cause chronic pain and require months of physical therapy. Back injuries from falls can be particularly debilitating.

Burns

Burns from fires, hot liquids, steam, or chemical exposure range from surface burns to life-threatening third-degree burns requiring skin grafts and reconstructive surgery.

Proving a Premises Liability Case in Massachusetts

To recover compensation, you must prove the property owner owed you a duty of care, breached that duty by failing to maintain safe conditions, and that the breach directly caused your injuries. The most critical issue in most cases is proving the property owner had notice of the dangerous condition.

Types of Notice

Massachusetts law recognizes three types of notice that can establish liability.

Actual notice means the property owner knew about the condition through complaints, prior incidents, or their own observation.

Constructive notice means the hazard existed long enough that a reasonable property owner should have discovered it through ordinary inspection.

Mode of operation notice was established in Sheehan v. Roche Bros., 448 Mass. 780 (2007). In self-service businesses such as grocery stores, if the business’s operations make certain hazards reasonably foreseeable, the plaintiff does not need to prove actual or constructive notice. The plaintiff in that case slipped on a grape displayed in an easily opened bag, and the court held that because the self-service display made dropped grapes foreseeable, the plaintiff did not need to prove how long the grape had been on the floor.

Evidence That Strengthens Your Case

Key types of evidence include:

Photographs and video of the hazardous condition, the surrounding area, and your injuries
Surveillance footage from the property’s security cameras
Incident reports filed with the property owner or manager
Witness statements from anyone who saw the condition or the event
Medical records linking your injuries to the incident
Maintenance logs and inspection records showing the property owner’s inspection history
Building code violation records and prior complaints about similar hazards

Act quickly on surveillance footage. Most systems overwrite footage within 24 to 72 hours. Your attorney can issue a preservation letter immediately to prevent destruction of this critical evidence.

The Open and Obvious Danger Doctrine

Insurance companies frequently argue that a hazard was “open and obvious,” meaning the injured person should have seen and avoided it. Massachusetts handles this defense more favorably for injured parties than many other states.

In Dos Santos v. Coleta, 465 Mass. 148 (2013), the Supreme Judicial Court held that while the open and obvious nature of a hazard may relieve the property owner of its duty to warn, it does not relieve the owner of its duty to fix or remove the dangerous condition. If the property owner created or maintained the hazard and knew that visitors might encounter it despite the apparent risk, the owner can still be held liable. Under the current law, the “open and obvious” nature of a danger becomes a factor in the comparative negligence analysis rather than a complete defense to your claim.

Premises Liability Settlement Values in Massachusetts

Every case is different, and no published range or past result predicts what any individual premises liability claim is worth. In general, minor soft tissue injuries resolve at the low end of the spectrum, fracture and concussion cases resolve higher, and traumatic brain injury, spinal cord injury, and other catastrophic cases can reach seven figures where liability is established and coverage exists.

Key factors affecting settlement value include injury severity and permanence, total medical expenses (past and future), lost wages and diminished earning capacity, emotional distress, the degree of the property owner’s negligence, your comparative fault, and the available insurance coverage.

Landlord Liability in Massachusetts

Landlords in Massachusetts face specific legal obligations that go beyond the general duty of reasonable care.

Common Area Maintenance

Landlords must maintain common areas, including hallways, stairwells, driveways, parking lots, and lobbies, in safe condition. Under M.G.L. c. 186, Section 15E, if an injury is caused by a defect in a common area that constitutes a code violation, the landlord cannot defend the claim by arguing that the defect existed when the lease began.

Building Code Violations as Evidence of Negligence

A violation of the Massachusetts State Building Code (780 CMR) or the State Sanitary Code (105 CMR 410) is strong evidence of negligence. Massachusetts does not treat a code violation as automatic negligence (the state does not follow the doctrine of negligence per se), but a documented violation powerfully supports the claim that the landlord failed to use reasonable care, and the injured person must show that the violation caused the injury. Common examples include missing handrails, inadequate lighting in stairwells, broken smoke detectors, and failure to maintain heating systems.

Exculpatory Clauses Are Void

Under M.G.L. c. 186, Section 15, any lease provision through which a tenant agrees to indemnify or exonerate the landlord from liability for negligence is “deemed against public policy and void.” A landlord cannot use a lease clause to escape liability for failing to maintain safe premises.

Snow and Ice in Rental Properties

Following Papadopoulos, landlords owe a duty of reasonable care for snow and ice removal on rental properties. The Supreme Judicial Court clarified in Goreham v. Martins, 485 Mass. 54 (2020), that personal injury claims from snow and ice in common areas must be brought as tort negligence claims, not as breach of the implied warranty of habitability.

Government Property Claims

Claims against government entities for injuries on public property involve additional procedural requirements and limitations. The Massachusetts Tort Claims Act (M.G.L. c. 258) waives sovereign immunity but imposes a $100,000 damages cap on recovery, regardless of injury severity. You must also present your claim in writing to the executive officer of the responsible public employer within two years of the injury before filing suit.

Injuries caused by defects in public roads, highways, and sidewalks are governed by separate statutes, M.G.L. c. 84, Sections 15 and 18, which require written notice to the municipality within 30 days and impose a damages cap of only $5,000. These strict requirements make government property claims particularly challenging and underscore the importance of having experienced legal representation.

Comparative Negligence in Premises Liability

Massachusetts follows a modified comparative negligence rule under M.G.L. c. 231, Section 85. If you are found partially at fault for your injuries, your compensation is reduced by your percentage of fault. If you are found more than 50% at fault, you recover nothing.

For example, if a jury determines you suffered $200,000 in damages but were 25% at fault, your recovery would be reduced to $150,000. Insurance companies routinely argue that visitors were partly responsible for not seeing a hazard or ignoring warning signs. An experienced attorney can counter these arguments and minimize the fault attributed to you. Understanding how comparative negligence works in Massachusetts is essential to protecting your claim.

Attractive Nuisance: Protecting Children

Massachusetts provides special legal protections for children injured on someone’s property, even if the child was technically trespassing. Under M.G.L. c. 231, Section 85Q, a property owner who maintains an artificial condition on their land can be held liable for injuries to trespassing children if the owner knows children are likely to trespass, the condition poses an unreasonable risk of serious harm, the children cannot appreciate the danger due to their youth, and the owner fails to exercise reasonable care to protect them. Common attractive nuisances include unfenced swimming pools, construction sites, abandoned buildings, and trampolines.

What to Do After Being Injured on Someone’s Property

Following the right steps after an incident protects both your health and your legal claim.

Report the incident to the property owner, manager, or landlord. Ask for an incident report and get a copy.
Seek medical attention even if your injuries seem minor. Concussions, internal bleeding, and spinal injuries may not produce immediate symptoms.
Photograph everything: the hazardous condition, warning signs (or their absence), lighting conditions, your injuries, and your footwear.
Get witness contact information from anyone who saw the condition or the event.
Follow up with your doctor within 24 to 48 hours, even if the emergency room cleared you.
Do not give a recorded statement to the property owner’s insurance company without first speaking to an attorney. Insurance companies use specific tactics to minimize your claim.
Do not accept an early settlement offer. Initial offers rarely reflect the full value of your claim.
Contact a premises liability attorney promptly so a preservation letter can be sent before surveillance footage is overwritten.

Statute of Limitations: Do Not Wait Too Long

Under M.G.L. c. 260, Section 2A, you have three years from the date of injury to file a premises liability lawsuit. For wrongful death claims, the deadline is three years from the date of death. Claims against government entities have shorter deadlines as described above.

If you miss the applicable deadline, your claim is barred regardless of how strong your case is. Understanding the statute of limitations is critical. Are your personal injury settlement proceeds taxable? That is another reason to have experienced legal counsel from the beginning.

Why You Need a Massachusetts Premises Liability Attorney

A personal injury attorney who handles premises liability cases will:

Issue preservation letters immediately to prevent the destruction of surveillance footage, maintenance logs, and inspection records
Investigate the property to identify code violations, prior complaints, and the property owner’s maintenance history
Retain experts including building inspectors, safety engineers, medical professionals, and life care planners to document the full extent of your injuries and the property owner’s negligence
Handle all insurance communications and counter arguments about comparative negligence and open and obvious hazards
Calculate the full value of your claim including future medical expenses, lost earning capacity, and pain and suffering damages, and litigate at trial if necessary

Frequently Asked Questions

How much is a premises liability settlement worth in Massachusetts?

Premises liability settlements in Massachusetts vary widely based on injury severity and the circumstances of the case. Minor soft tissue injuries resolve at the low end of the spectrum, injuries involving fractures or concussions resolve higher, and severe or catastrophic injuries such as traumatic brain damage, spinal cord injuries, paralysis, severe burns, or amputation carry the highest values, sometimes reaching into the millions. The value of any specific claim depends on the severity and permanence of the injury, total medical expenses, lost wages, the degree of the property owner’s negligence, any comparative fault, and the available insurance coverage. Every case is different, and no general guidance predicts any particular result.

How long do I have to file a premises liability lawsuit in Massachusetts?

Under Massachusetts General Laws Chapter 260, Section 2A, you have three years from the date of injury to file a premises liability lawsuit. If the claim involves a wrongful death, the three-year period runs from the date of death under M.G.L. c. 229, Section 2. There are limited exceptions for minors, where the three-year period begins when the injured person turns 18, and for cases involving mental incapacity. Claims against government entities have shorter deadlines and additional requirements, including a written presentment to the responsible public employer within two years of the injury. Because evidence such as surveillance footage is often overwritten within 24 to 72 hours, contacting an attorney as soon as possible after the injury is strongly recommended.

Can I sue a property owner if the hazard was open and obvious?

Yes, you may still have a valid claim even if the hazard was open and obvious. Massachusetts is more plaintiff-friendly on this issue than many other states. In the landmark case Dos Santos v. Coleta, 465 Mass. 148 (2013), the Supreme Judicial Court held that while the open and obvious nature of a hazard may relieve the property owner of its duty to warn, it does not relieve the owner of its duty to fix or remove the dangerous condition. If the property owner created or maintained the hazard and knew that visitors might encounter it despite the apparent risk, the owner can still be held liable. The open and obvious nature of the danger becomes a factor in the comparative negligence analysis rather than a complete defense to your claim.

Is a landlord liable for injuries in common areas of an apartment building?

Yes, Massachusetts landlords have a specific legal duty to maintain common areas such as hallways, stairwells, driveways, parking lots, and lobbies in safe condition. Under M.G.L. c. 186, Section 15E, if an injury is caused by a defect in a common area that constitutes a building or housing code violation, the landlord cannot defend the claim by arguing that the defect existed when the lease began. A violation of the Massachusetts State Building Code (780 CMR) or the State Sanitary Code (105 CMR 410) is strong evidence of negligence. Massachusetts does not treat a code violation as automatic negligence, but a documented violation powerfully supports the claim that the landlord failed to use reasonable care. Additionally, any lease provision through which a tenant agrees to release the landlord from liability for negligence is void under Massachusetts law.

About the Author

Christopher Murphy, Esq. is the Managing Partner of Scalli Murphy Law with offices in Everett and Danvers, Massachusetts. Attorney Murphy has represented personal injury victims across Massachusetts since 1999 and has been recognized as a Massachusetts Super Lawyer in Personal Injury. He has helped thousands of clients and families recover compensation after car collisions, premises liability incidents, wrongful death cases, and other personal injury claims.

Contact Scalli Murphy Law

If you or a family member has been injured on someone else’s property, Scalli Murphy Law can evaluate your case, identify the full extent of your damages, and pursue the maximum compensation available. We understand the complex legal standards, evidence requirements, and insurance challenges that premises liability cases present, and we fight to make sure our clients are treated fairly.

Call 617-387-7000 or 1-833-933-HURT for a free consultation. There is no fee unless we recover for you.

Everett Office: 537 Broadway, Everett, MA 02149
Danvers Office: 1 Webb Street, Danvers, MA 01923

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This article provides general information about Massachusetts law and is not legal advice. Every case is different. For advice about your specific situation, contact Scalli Murphy Law, P.C. at 617-387-7000 for a free consultation.

Premises Liability Lawyer Massachusetts – Property Injury Claims Guide