In Massachusetts, property owners are legally obligated to maintain reasonably safe conditions for visitors. When that duty is neglected and someone is injured, a premises liability claim may arise. But holding a negligent party accountable hinges on one thing: evidence.

Whether you slipped on a wet grocery store floor or were injured by faulty stairs in a rental property, the strength of your case depends on the quality and variety of evidence you collect. Massachusetts courts evaluate liability and damages based on what can be proven—not just what is alleged.

Here's a breakdown of the types of evidence that can support your claim and help you recover compensation.

Photographic and Video Evidence

One of the most immediate and persuasive types of evidence is visual documentation. Photos or videos can capture the hazardous condition as it existed at the time of the incident—before the property owner has a chance to fix or alter it.

What to document:

• The exact location where the injury occurred
• The dangerous condition (e.g., ice, broken railing, exposed wiring)
• Weather conditions, if relevant (such as snow or puddles)
• Warning signs—or lack thereof
• Injuries sustained (bruising, cuts, swelling)

Security footage from nearby businesses or the property itself may also show how long the danger existed or whether others were impacted. Under Massachusetts law, however, this type of footage is often retained for a limited time, so it's essential to act fast.

Incident Reports

If your injury occurred in a commercial setting, such as a retail store or office building, report it to the property owner or manager immediately. Many businesses have formal procedures for logging incidents. Request a copy of the report before you leave.

An incident report provides an official record of what happened, who was present, and how the injury was initially described. While these reports are sometimes contested by defendants, they can be valuable for establishing the timeline and location of the event.

Eyewitness Statements

Neutral third-party accounts can add significant weight to your version of events. Bystanders who saw the accident or noticed the unsafe condition beforehand may be able to confirm:

• How long the hazard was present
• Whether employees were made aware of it
• The absence of warning signs or safety measures
• Your behavior at the time of the accident

Massachusetts juries often consider witness credibility when determining negligence. Make sure to collect contact information from any witnesses as soon as possible, including their full name, phone number, and email address.

Medical Records and Treatment Notes

Medical documentation not only proves the existence of an injury—it also links that injury to the incident itself. Delays in treatment can be used by insurers to argue that your injuries weren't serious or weren't caused by the property owner's negligence.

Key documents to collect:

• Emergency room intake forms
• Physician treatment notes
• Diagnostic tests (X-rays, MRIs)
• Physical therapy records
• Prescription receipts

Keep a journal that tracks your recovery progress, pain levels, and any limitations on daily activity. While not a formal medical record, this can provide a detailed narrative of how the injury affected your life—important when seeking damages for pain and suffering or loss of quality of life.

Proof of Lost Income or Earning Capacity

If your injuries kept you from working, you may be entitled to recover lost wages. To do so, you'll need evidence showing:

• Your typical earnings (pay stubs, tax returns)
• Time missed from work due to the injury
• A doctor's note recommending time off
• Job duties you were unable to perform

In more severe cases, vocational experts or economists may be called to estimate future income losses, particularly if your injury causes lasting impairment.

Maintenance and Inspection Logs

When accidents happen on commercial or rental properties, it's often useful to examine maintenance records. These documents can show whether the owner or manager had a routine for identifying hazards—and whether they followed it.

For example:

• A supermarket may have hourly inspection logs
• An apartment complex might keep records of tenant complaints
• A hotel may have service requests or maintenance schedules

If these records show a pattern of neglect or failure to respond to known issues, it can support your argument that the owner failed to exercise reasonable care.

Building Code Violations or Safety Regulations

In Massachusetts, many premises liability claims hinge on whether the property violated local or state safety codes. For instance, if a staircase lacked a required handrail, or a parking lot light was out in violation of town ordinances, that non-compliance may be considered evidence of negligence.

Your attorney may bring in building inspectors or safety experts to review:

• Architectural designs
• Fire code compliance
• Local ordinances
• Previous inspection reports

A proven code violation doesn't automatically guarantee liability, but it can significantly bolster your case.

Expert Testimony

Some cases benefit from the insights of specialists, especially when liability or causation is unclear. For example:

• A safety engineer might testify about how a spill should have been cleaned
• A medical expert could link the injury directly to the fall
• An economist may estimate long-term financial losses

While expert opinions are more common in complex or high-value claims, they can help explain technical aspects to a jury and strengthen your case.

Weather and Environmental Records

If your injury involved outdoor conditions—like icy sidewalks or uncleared snow—weather records can help establish whether the property owner acted within a reasonable timeframe.

Massachusetts follows the "natural accumulation" rule in some cases, which can limit liability if an injury is caused solely by natural snow or ice. However, if the owner failed to address accumulated ice beyond a reasonable time, they may still be held responsible. Time-stamped weather data from the National Weather Service or local meteorological reports can help establish whether the delay was unreasonable.

Conclusion

Premises liability cases in Massachusetts require more than just telling your side of the story. You must build it piece by piece through documentation, witness accounts, and physical evidence. The more complete your evidence, the stronger your claim for compensation—whether through settlement or trial.

Injured? The Office of Brandon J. Broderick, Personal Injury Lawyers, Can Help

If the unfortunate happens and you’ve been injured in an accident, don’t go at it alone. An experienced lawyer can advocate for your best interest and pursue fair compensation for your damages. At Brandon J. Broderick, Attorney at Law, you can count on us to work tirelessly for your quality of life. Our long track record of success has helped people like you move forward after sustaining an injury caused by another’s negligence.

Contact us now for a free legal review.