Rental property injuries are common when the property is not well-maintained and hazards lead to slip and falls and other accidents. If you’re injured at a rental property in Massachusetts, you may qualify to file an insurance claim or take legal action to recover compensation.
Determining what caused your injury is key to understanding your legal options and who may be held liable for your damages. A Massachusetts tenant injury lawyer can help you understand your rights and explore how to pursue financial compensation for medical expenses, pain and suffering, and other losses.
How Can You Determine If Your Landlord Was Negligent?
Landlords have a legal duty to maintain reasonably safe premises and address dangerous conditions promptly. Failing to fulfill this duty could make them liable if someone is injured.
To prove that your landlord was negligent, you must establish all the elements of Massachusetts premises liability, including:
- Duty: The landlord owed a duty of care to provide a habitable dwelling that is free of safety or health hazards.
- Breach of duty: The landlord failed in their duty of care to maintain a safe rental property.
- Causation: The breach of duty caused a dangerous condition that led to your injury.
- Damages: Your injury resulted in damages, such as medical bills or emotional distress.
While there may be a “landlord not liable for injury” clause in your lease agreement, Massachusetts law generally makes these clauses invalid. Massachusetts landlords cannot enforce an indemnity clause to release them from liability for negligence or misconduct.
Examples of Potential Landlord Liability Cases
Massachusetts premises liability lawyers are often asked if you can sue a landlord for a fall on their property. The answer will depend on whether the landlord’s carelessness or negligence led to the fall.
For example, a landlord did not repair a damaged staircase in the rental property after knowing about it for several months. As a result, the tenant trips on the stairs and suffers a concussion and a broken wrist. In this situation, the landlord did not fulfill their duty of care to the tenant and may be liable for damages.
In another scenario, the landlord failed to conduct an inspection of the rental property before a new tenant moved in. Exposed wiring that would have been caught during the inspection caused a serious electrical burn to the tenant. This is another example in which the landlord may be held legally responsible.
What Tenant Responsibilities Can Affect Your Rental Property Injury Claim
Under Massachusetts law, tenants are required to follow the rules and expectations in the lease agreement, such as:
- Keeping the rental unit clean and sanitary
- Avoiding property damage above normal wear and tear
- Reporting maintenance issues or requesting repairs in a timely manner
- Not conducting any illegal or prohibited activities on the property
- Using appliances responsibly and as directed
In some cases, a tenant’s improper use of the rental property or failure to report hazards may contribute to their injuries. The Commonwealth of Massachusetts applies a modified comparative negligence standard, allowing victims to recover damages when they are partially at fault.
A person injured at a rental property can recover compensation only if they are found to be 50 percent or less at fault for the accident. Any award they receive will then be reduced in proportion to their share of fault.
Key Steps to Take After a Rental Property Accident
After being injured at a rental property, take steps to ensure your safety and gather crucial evidence. Both will come into play during your recovery and the claims process.
Steps to take after a rental property accident include:
- Seek medical attention: Get immediate treatment from a medical professional. You will get the help you need and have official medical records of the injury after it happened.
- Document the incident: If possible, take pictures, videos, and other documentation of the scene and the hazard that caused the injury. You can also ask witnesses for contact information or statements.
- Notify the landlord or property manager: Don’t wait to notify your landlord or property manager. If you wait too long, the insurance company may argue that something else caused your injuries.
- File an accident report: Ask the landlord or property owner for a copy of any written accident reports they used to document the accident.
Common Types of Injuries in Rental Property Injury Cases
Every rental property is unique, and hopefully safe for tenants. Sadly, some property owners fail to repair a known hazard on the property, and an innocent person suffers a serious or even fatal injury. Some of the most common types of injuries occurring on rental properties include:
- Trip or slip and fall accidents
- Pool drownings
- Assaults (security failures)
- Head injuries from slip or trip and fall accidents
- Stairway falls
- Tripping on obstructions on walking surfaces
- Burns
- Falling debris
- Deck collapses
- Faulty handrails or banisters leading to falls
Legal Options After an Injury at a Rental Property in Massachusetts
Depending on what caused your rental property accident, the severity of your injuries, and other factors, there may be different legal avenues for you to seek compensation. Most commonly, you can file an insurance claim or pursue a personal injury lawsuit to recover damages.
Filing an Insurance Claim
The first option for most injured renters is to file an insurance claim. If you are in a long-term rental, the property owner or landlord may have premises liability insurance that provides financial coverage if they are liable for bodily injury or property damage.
Guests staying in a short-term rental, such as an Airbnb, can file a claim for compensation through the company’s host protection insurance. Airbnb host liability insurance includes $1 million in coverage if the host is found legally responsible for your injuries and damages.
Filing a Personal Injury Claim
The landlord or rental property owner might not have an insurance policy or their insurance may not be enough to cover the extent of your damages. It’s also possible that the insurance company will try to minimize your injuries and pay far less than the value of your claim.
In these cases, a Massachusetts personal injury lawyer can protect you from unfair insurance adjusters or help you file a legal claim for compensation against the negligent party. Possible liable parties may include:
- Rental property landlord
- Property management company
- General contractor
- Maintenance company or personnel
- Appliance or equipment manufacturers
Our team at DiBella Law Injury and Accident Lawyers can help you determine which legal options are available to you and what needs to happen next. Contact our team to see if you have a case and what you can expect.
How Our Attorneys Can Help With Your Rental Property Accident Claim
If you were hurt while in a rental, our Massachusetts premises liability attorneys have the skills, resources, and experience to fight for the full value of your claim. When you work with our team, we will handle all steps of filing your lawsuit, including:
- Collecting vital evidence to support your case
- Identifying and valuing your damages
- Negotiating with insurance companies on your behalf
- Discussing settlement options and offering guidance
- Filing the formal documents with the court
- Taking your case to trial before a judge and jury
Additionally, our attorneys understand what you’re going through and aim to make this difficult time easier. We offer compassionate support, professional legal advice, and comprehensive representation throughout the claims process.
We believe the client experience matters, and every case is personal to us. We offer free case evaluations and a risk-free 30-day trial period. Our promise to you is no fee unless we win.
Let DiBella Law Handle the Legal Work So You Can Focus on Recovery
A Massachusetts rental property injury can raise a lot of questions for victims. Who can be held responsible for your damages, what are your legal options, and how much compensation for landlord negligence can you expect? DiBella Law can help you understand your rights and take the next steps towards justice.
With over 20 years of Massachusetts premises liability experience and successful case results, you can trust our team to take care of you and your family. Contact us today to schedule your free consultation. Whether over the phone, in your home, or at a medical facility, we can meet in your preferred location.