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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After considering three separate bases for liability argued by Humphrey, the judge granted summary judgment to the landlord. The judge first declined to extend the duty we announced in Young v. Garwacki, supra, to commercial landlords, and to impose on such landlords the duty to maintain a leased premises beyond what they might agree to undertake under the terms of the lease. The judge next rejected the argument that the landlord maintained sufficient control of the basement area to impose on the landlord, as a matter of law, a duty to maintain that area. Finally, the judge concluded that the landlord was not liable for injuries to third persons caused by an alleged “nuisance” (the defective stairs) that preexisted the lease to Gateway, see Whalen v. Shivek, 326 Mass. 142, 153-154 (1950), because such liability (to the extent a nuisance existed at all) was limited to personal injuries incurred outside of the leased premises, such as those sustained by a pedestrian from falling bricks or large stone blocks.

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