In Massachusetts premises cases, one of the central questions is whether the responsible party knew—or should have known—the condition created an unreasonable risk. In Gardner, that usually comes down to two real-world patterns:
- Rental and multi-family turnarounds: Shared stairs and entry landings may be overlooked during busy property management periods. If the handrail is loose, lighting is poor, or treads are worn, the claim often hinges on whether repairs were delayed after complaints.
- Seasonal wear and cleanup issues: In colder months, salt, meltwater, and tracking debris can affect traction near stair edges and landings. Even if the hazard wasn’t “brand new,” the key is whether it existed long enough for routine inspection and cleaning to catch it.
Your lawyer will look for the timeline that shows the hazard was present before your fall and that reasonable maintenance would have prevented the injury.


