When a Property Owner's Negligence Leaves You Injured, You Have Rights

Property owners in Massachusetts owe a duty of reasonable care to people who enter their premises. When they fail that duty — through poor maintenance, inadequate lighting, negligent security, or ignored hazards — and someone gets hurt, the law holds them accountable. I'm Devin McBride, a premises liability lawyer serving Quincy, the South Shore, and clients throughout Massachusetts. If you were injured on someone else's property, let's talk about what your case is worth.

What Premises Liability Actually Covers

Premises liability is the body of law that governs when a property owner is legally responsible for injuries that occur on their land or in their building. It applies across a wide range of situations — and the common thread is a property owner's failure to keep the space reasonably safe for visitors.

 

Claims I handle under premises liability include:

 

  • Injuries caused by poor or broken lighting in parking lots, stairwells, or hallways
  • Negligent security failures that allow assaults or crimes to occur on the property
  • Dangerous staircases, broken handrails, or structural defects
  • Hazardous conditions in retail stores, apartment buildings, or commercial properties
  • Landlord liability for known defects that were never repaired
  • Swimming pool accidents and inadequate fencing
  • Injuries caused by falling objects or unsecured equipment

 

If you were injured on property that someone else owned, managed, or controlled, there is a legal framework designed to address exactly that situation.

The Property Owner's Duty of Reasonable Care in Massachusetts

Massachusetts law requires property owners to use reasonable care in maintaining their premises and to warn visitors of hazards they know about — or should have known about. This duty extends to guests, customers, tenants, and most other lawful visitors. It does not require perfection, but it does require action.

 

When an owner knows a condition is dangerous and does nothing, or when a hazard exists long enough that they should have discovered it through ordinary upkeep, the law treats that failure as negligence. Proving that failure is the foundation of every premises liability claim I bring. I look at maintenance records, incident reports, prior complaints, and any evidence that the property owner was on notice and chose not to act.

 

Negligent security claims follow the same framework. If a property owner failed to provide adequate lighting, functioning locks, security personnel, or other reasonable measures — and someone was harmed as a result — that owner may bear liability for what happened.

What If They're Blaming You for the Accident?

Property owners and their insurers frequently argue that the injured person shares responsibility — that you weren't paying attention, that the hazard was obvious, or that you assumed the risk by being there. In Massachusetts, that argument doesn't automatically end your case.

 

Massachusetts follows a modified comparative negligence rule under Chapter 231, Section 85. As long as you are found to be 50% or less at fault for the accident, you can still recover damages. Your total award is reduced by your percentage of fault, but you are not barred from recovery. Only if you are found more than 50% responsible does the right to recover disappear.

 

This means that even if the owner's insurance company is pushing back hard on liability, shared fault is not the same as no fault. I've handled these disputes throughout Massachusetts, and I know how to counter the tactics insurers use to shift blame onto injured victims.

The Deadline to File a Premises Liability Claim in Massachusetts

Massachusetts imposes a three-year statute of limitations on personal injury claims, including premises liability cases, under Chapter 260, Section 2A. That deadline runs from the date of the injury. Miss it, and you lose the right to pursue compensation entirely — regardless of how strong the underlying case might be.

 

Three years can feel like a long time, but premises liability cases require early action. Physical evidence disappears. Surveillance footage gets overwritten. Witnesses move or forget details. The sooner I can investigate the property and preserve what matters, the stronger your case will be. If your injury was recent, do not wait to find out whether you have a claim.

Frequently Asked Questions About Premises Liability in Massachusetts

  • What is premises liability, and how is it different from a slip-and-fall claim?

    Premises liability is the broader legal framework governing all injuries caused by unsafe property conditions — it covers everything from negligent security and structural defects to landlord negligence and falling objects. A slip-and-fall is one specific type of premises liability claim involving a fall caused by a hazardous surface condition. All slip-and-fall cases are premises liability claims, but premises liability covers far more than falls.

  • Can I sue a property owner for an injury in Massachusetts?

    Yes, if the owner owed you a duty of reasonable care, breached that duty by allowing an unsafe condition to exist, and that condition caused your injury, you have grounds for a premises liability claim. This applies to private property, commercial spaces, apartment buildings, and publicly accessible locations. The key question is whether the owner knew or should have known about the hazard and failed to address it.

  • What if I was partly at fault for my own injury?

    You can still recover compensation under Massachusetts law as long as you are found 50% or less responsible for the accident. Your recovery is reduced proportionally — so if you are found 20% at fault and your damages total $100,000, you would recover $80,000. The insurance company may try to inflate your share of the fault to reduce or eliminate their exposure. That is exactly the kind of dispute I handle.

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

    Three years from the date of the injury, under Massachusetts General Laws Chapter 260, Section 2A. Missing that deadline means losing your right to compensation permanently. Beyond the legal deadline, acting quickly also helps preserve the evidence needed to prove your case — surveillance video, incident reports, and physical conditions at the scene all have a limited window.