Humphrey v. Byron, 447 Mass. 322 (2006)

Citation: Humphrey v. Byron, 447 Mass. 322 (2006)
Parent Document: Humphrey v. Byron, 447 Mass. 322 (2006)
Jurisdiction: Massachusetts (state)
Effective Date: 2006-07-21
Original Source: https://www.courtlistener.com/opinion/6579392/humphrey-v-byron/ ↗

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Cordy, J.
“In Young v. Garwacki, 380 Mass. 162 (1980), we held that, even in the absence of an express agreement to keep rented premises in repair, a lessor of residential premises had a duty to exercise reasonable care to assure that others legitimately on the leased premises were not subject to an unreasonable risk of harm. If such a lessor knew or should have known of a defect, the lessor would be hable for injuries resulting from the lessor’s negligent maintenance of areas rented to the lessee.” Chausse v. Coz, 405 Mass. 264, 266 (1989). In imposing this duty on residential landlords, we explicitly reserved the question whether a similar duty should extend to lessors of nonresidential properties. Young v. Garwacki, supra at 171 n.12. In subsequent cases, we have done the same. See Chausse v. Coz, supra, and cases cited. In the present case, we are again asked to impose that duty on commercial landlords, or at least on those landlords who rent space to small businesses.3 A Superior Court judge allowed the defendants’ motion for summary judgment, and the plaintiff appealed. We granted a joint application for direct appellate review. We decline to impose such a duty and affirm the grant of summary judgment.

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