I was involved in a trip and fall due to a faulty porch at a friend’s place in Auburn, Mass. The property owner claims he didn’t know about the broken step. I know that the he (landlord) knew about the hazard because he told my friend (the tenant) that he will fix it soon. Basically the porch is rotting and as it is the only entrance, we have to use it. Can I sue him for my injuries?
The landlord’s liability for your injuries depends upon whether he bears responsibility for repairing the hazard. The rental agreement between your friend and the landlord may shift that responsibility from the landlord to the tenant for some or all repairs, if the hazard is in an area rented to the tenant. If the hazard is in a common area, as your question implies because you describe the porch as the only entrance, then the landlord would bear some responsibility for the repair or elimination of the hazard, particularly where he knew that it existed. You should check your friend’s rental agreement anyway to see not only whether it imposes some responsibility on your friend for some repairs, but also to see if it the agreement requires your friend to indemnify the landlord for injuries occurring on the premises.
The Auburn Trip and Fall Lawyers at our firm handle personal injury claims in Auburn Massachusetts and throughout Worcester County including the communities of Grafton, Holden, Leicester, Marlborough, Millbury, North Brookfield, Shrewsbury, Westborough, West Boylston, and Worcester.