How Building Code Violations Impact Liability in Injury Cases

When you look at the building codes used to guide the development of structures in Massachusetts and elsewhere, it’s important to remember that those guidelines didn’t come from nowhere. In many cases, they exist specifically because someone was harmed in a way that could have been prevented by that specific regulation. When a property owner fails to keep their property up to code, that could be used against them when someone is injured.

If you’ve been injured on someone else’s property, it may be time to file a premises liability claim. Take the first step now by calling Santoro & Gray and setting up a consultation with a premises liability lawyer.

Common building code violations that lead to injuries

Building codes are specifically designed to keep people safe. However, there are some violations that are more dangerous than others. Some of the most common violations that cause injuries include:

• Non-compliant stairways: Stair accidents are one of the most common sources of premises liability claims. A simple fall down the stairs can leave someone injured and facing thousands of dollars in medical bills, particularly if we’re talking about a child or an elderly individual. Potential dangers include loose and crumbling steps, incorrect tread depth, inconsistent stair heights, slippery stair surfaces, and rounded stair edges that make it easier to slip off.
• Missing or inadequate handrails: Handrails are a non-negotiable part of most Massachusetts residential buildings and many other structures under the state building codes. When a guardrail is required, it must be a specific height, depending on when it was constructed.
• Inadequate lighting: Many local municipalities have specific requirements regarding minimum lighting levels in building entrances, stairwells, parking lots, and other areas where injuries are common. Poor lighting can make it difficult for pedestrians to spot potholes, cracked or uneven walkways, uneven steps, and spills. If property owners don’t take immediate steps to fix faulty lighting features or ensure that they meet minimum lighting levels, they may be liable for subsequent injuries.
• Issues with walkways, ramps, and flooring: Uneven surfaces and poorly maintained walkways are a common cause of falls. Violations you may see in Massachusetts buildings include loose tiles and boards, improper slopes on sidewalks or ramps, rotting planks, a lack of anti-slip materials, and unsafe transitions between levels.
• Missing safety features: A number of safety features are required in rented residential and commercial properties in Massachusetts. Faulty emergency exits, blocked fire paths, missing balcony railings, and missing guardrails place residents, visitors, and employees in immediate danger.

How violations can strengthen an injury claim

Even if a violation seems minor, it can have a significant effect on your personal injury claim. First, proving a property owner’s breach of duty is a big part of demonstrating that they were negligent. They have an obligation to use reasonable care to keep their building in safe, working order, and a building code violation can be strong, objective evidence that they breached that duty. Again, these building codes aren’t made up out of thin air. They exist because they prevent injuries and make people safer. If a building owner doesn’t keep a building up to code, they may be exposing people to preventable safety risks.

Building code violations can also show that the danger that injured you was foreseeable. After all, they are aiming to protect people from specific dangers. When the standard is not met, that protection no longer exists. Injuries, then, are to be expected—and that makes it much harder for a building owner to claim they had no role in your injury.

Violations can also make it harder for property owners and their insurance companies to try to push blame back on you. They might claim that you were distracted or wearing unsafe footwear, for example. However, under Massachusetts’ comparative negligence law a jury will weigh both your conduct and the property owner’s code violations when deciding fault and damages.

Owners often fix hazards after an accident to prevent future injuries. While that’s important for safety, Massachusetts evidence rules generally limit the use of later repairs to prove that the owner was negligent in the first place.

How to collect evidence of building code violations

There are several different ways that building code violations can be caught and documented. First, you may call a licensed building inspector, engineer, or contractor to inspect the property. They may be able to identify and document technical violations, get specific measurements that you can compare to Massachusetts requirements, and draft reports that you can use to prove the building owner’s negligence. However, it is important to consult with your attorney about documenting code violations through an expert.

In many cases, videos, photos, and your own measurements from the scene can also be helpful. This is particularly important if you expect the property owner to take steps to fix the danger as soon as you leave. Documenting the scene as it was when you were injured may jump-start the investigation.

Maintenance records and prior communication with the property owner may also strengthen the case against them. Imagine that you’re a tenant who reported a missing stair to your landlord four times over the last 3 months, only for them to tell you that they’ll get to it “when they can.” When your visitor slips and breaks their ankle on that missing step, your emails to the landlord and their blasé responses may help your visitor pursue a claim.

Many property management companies now automate maintenance requests and responses. If you’ve put in maintenance requests for clear code violations and the management company has closed the requests right away or responded with a noncommittal answer, that too may work against them.

Start your premises liability claim with our team

With the team at Santoro & Gray, you can seek justice after a property owner’s negligence leaves you injured and facing medical bills. Set up your consultation now by calling us or filling out our online contact form. We are also available via text and live chat.