Living in an apartment complex means relying on property owners and management companies to provide safe, well-maintained living conditions. But what happens if you’re an injured tenant because of unsafe conditions? Whether it’s a slip and fall on icy walkways, broken stair railings, or poorly maintained common areas, these accidents can leave you with medical bills, lost wages, and long-term pain.
This leads to an important question: when can you sue your apartment complex in Massachusetts? The answer depends on premises liability law, which governs the responsibility landlords and property owners have to tenants and visitors.
In this article, we’ll break down when a landlord or property management company may be held responsible, what Massachusetts law says about premises liability, and how a premises liability lawyer can help you pursue compensation if you’ve been injured.
Premises Liability in Massachusetts
Premises liability is the legal principle that property owners and landlords must maintain their properties in a reasonably safe condition. In Massachusetts, landlords owe tenants and their guests a duty of care to address hazards that they know about—or should reasonably know about—and to take steps to prevent harm.
If a landlord fails to meet this duty and an accident occurs, the injured tenant may have grounds for a personal injury claim. Common types of premises liability cases include:
- Slip and falls on ice or snow
- Broken stairs or missing handrails
- Poor lighting in hallways or parking lots
- Faulty elevators or escalators
- Mold, lead paint, or pest infestations
- Unsafe security leading to assaults or robberies
Each of these hazards may give rise to a lawsuit if negligence can be proven.
When You Can Sue Your Apartment Complex
An injured tenant can sue their apartment complex in Massachusetts if certain conditions are met:
1. The Landlord Had a Duty of Care
Landlords are legally obligated to maintain safe living conditions in common areas, building structures, and safety systems such as fire alarms and locks. This duty extends not only to tenants but also to their guests and sometimes contractors.
2. The Landlord Was Negligent
To prove negligence, the injured tenant must show that the landlord either:
- Knew about the hazard and failed to fix it, or
- Should have reasonably discovered the hazard through proper maintenance.
3. The Negligence Caused the Injury
There must be a direct link between the unsafe condition and the tenant’s injuries. For example, if a tenant falls on an icy stairwell that the landlord failed to salt, that hazard directly caused the injury.
4. The Tenant Suffered Damages
Damages may include medical expenses, lost wages, pain and suffering, and other financial or emotional losses. Without damages, there is no basis for a lawsuit.
Massachusetts Laws Protecting Tenants
Massachusetts law provides strong protections for tenants. Under Massachusetts General Laws Chapter 186, landlords must keep rental units in habitable condition, which includes compliance with the state’s sanitary code. The Massachusetts Sanitary Code requires landlords to address hazards such as inadequate heat, pest infestations, structural issues, and unsafe common areas.
Additionally, Massachusetts follows comparative negligence rules. This means if the injured tenant is found partially responsible for the accident (for example, ignoring warning signs), their compensation may be reduced in proportion to their share of fault. If the tenant is more than 50% responsible, they may not recover damages.
Common Examples of When You Can Sue Your Landlord
- Slip and Fall on Ice: Landlords must clear snow and ice within a reasonable timeframe. Failure to do so can result in liability.
- Defective Staircases: Broken steps or missing railings are common causes of tenant injuries.
- Unsafe Security: If an apartment complex fails to provide locks, gates, or lighting, and a tenant is attacked, the landlord may be liable.
- Falling Objects or Structural Hazards: Loose ceiling tiles, collapsing balconies, or faulty elevators may result in lawsuits.
- Toxic Exposure: Tenants exposed to mold, asbestos, or lead paint can bring premises liability claims.
These scenarios highlight when you can sue your apartment complex for negligence under Massachusetts law.
How a Premises Liability Lawyer Can Help
Filing a lawsuit against an apartment complex is not simple. Landlords and management companies often have insurance carriers and legal teams defending them. An experienced premises liability attorney can help by:
- Investigating the cause of the accident
- Gathering evidence such as maintenance records and witness testimony
- Consulting with medical experts to prove damages
- Negotiating with insurance companies for fair settlements
- Representing you in court if necessary
Having a skilled premises liability lawyer increases your chances of recovering full compensation.
Compensation for Injured Tenants
If successful, injured tenants in Massachusetts may recover compensation for:
- Medical bills and future care costs
- Lost wages and diminished earning capacity
- Pain and suffering
- Emotional distress
- Relocation expenses if the apartment is uninhabitable
In wrongful death cases, surviving family members may also pursue damages.
Steps to Take if You’re an Injured Tenant
If you’ve been injured in your apartment complex, here are steps to protect your rights:
- Seek Medical Attention: Get treatment right away and document your injuries.
- Report the Hazard: Notify the landlord or management in writing.
- Gather Evidence: Take photos, videos, and witness statements.
- Keep Records: Save medical bills, rent receipts, and communication with management.
- Contact a Premises Liability Attorney: A lawyer can evaluate your case and guide you through the legal process.
Call Brandon J. Broderick For Legal Help
If you are an injured tenant in Massachusetts and believe your landlord or apartment complex is responsible, you may have the right to seek compensation. At Brandon J. Broderick, Attorney at Law, our team of experienced premises liability attorneys is committed to protecting tenants’ rights and holding negligent landlords accountable.
Contact us today for a free consultation and let us help you move forward with confidence.