A recent ruling by the Massachusetts Appeals Court has upheld a jury verdict finding a landlord liable for creating a tripping hazard, despite the tenant initially acknowledging the removal of a platform during daylight. The court emphasized that while the tenant was aware of the platform’s removal when she returned home from work, the jury could consider her argument that the drop was not “open and obvious” when she encountered it several hours later at night, in diminished lighting conditions. The platform, which had served as a bridge between a wheelchair ramp and the door sill, was removed without notifying the tenant, contributing to the court’s finding of an “unreasonably dangerous condition.”
The court’s decision reinforces principles of premises liability, particularly the responsibilities of landlords to ensure safe conditions and adequately inform tenants of changes that might pose hazards. For more details, you can view the original report on this ruling here.