My niece is three and lives with her mom in Lawrence in a first floor apartment. This weekend she fell out of a window that didn't have a screen on it and fell onto the driveway and broke her arm. Can a landlord be liable for this kind of injury under MA law? It seems to me like he should have had screens on the window and that would have prevented my niece from getting injured. Thanks.
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The Editor, Mark Bernardin, is an attorney living in MA. Please send your suggestions or comments to: TheEditor@malawforum.com
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Premises liability in MA
It is possible that the landlord may have liability for your niece's injury under one or more theories, including premises liability, a general duty on the part of property owners to maintain property in a safe condition. However, without knowing all the facts, I can't answer the question. It will come down to the question of whether the landlord was somehow negligent in a way that caused the injury. I can't tell you that. Assuming, for arguments sake, that the lack of screen was the cause of the injury (not a given), what if the landlord installed screens but the tenant removed them? Have the child's parent contact a MA personal injury attorney and discus the matter with her. That is the best way to answer the question. Hope your niece feels better.
Hello:I am sorry to hear
Hello: I am sorry to hear about this event. The landlord can be held liable for negligence and for breach of the warranty of habitability, as as well as for violations of M.G.L. c.93A. If you would like a completely free consultation, I would be happy to talk with you on the phone. Thank you. Chris Earley 617 338 7400
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