There is an enclosed staircase at my apartment complex in West Boylston where the common area light has been out for months. I was going down the stairs, holding a basket of laundry, could not see in the inadequate lighting and tripped and fell and broke my arm. The Management company is trying to reduce their responsibility by saying I was partially negligent because I was carrying my laundry at the time. Do I have a personal injury case?
Certainly you have a personal injury case. The owner and the management company are responsible for maintaining the common areas. Part of that responsibility is a requirement that they inspect the areas for conditions that pose a hazard and to fix them. Inasmuch as the light was out for months, they should have noticed it and fixed it. Your carrying your laundry does not relieve them of their responsibility to maintain the premises in a reasonably safe condition.
The West Boylston Trip and Fall Attorneys at Reardon, Joyce & Akerson, PC represents clients in premises liability claims in West Boylston, Massachusetts and throughout Worcester County including the communities of Grafton, Millbury, Northbridge, Shrewsbury, Upton, Westborough, Marlborough, and Worcester.