Additional Information:

My wife and I rented a home for a week’s vacation and invited some friends to enjoy the place with us. One of our friends tripped on a broken step, fell, and injured herself. She has medical bills and lost wages. As the home renter, am I liable for her injury claims, or is it the landlord’s liability?  Furthermore, we live in Framingham, MA but the house we rented is in NH. Does that matter?

ATTORNEY ANSWER:

You’ve raised several complex legal issues in your question, including jurisdictional, substantive and insurance.  First, jurisdictional:  because the injury occurred in New Hampshire, a Massachusetts court might not have the power to render a judgment against a NH landowner for an injury occurring in NH.  I say “might” because if the NH owner had sufficient contacts with MA, such as advertising on Boston Craig’s List, then, arguably, a MA court has jurisdiction.  Second, substantive:  a MA court would probably use or apply NH law because that’s where the injury occurred.  Laws differ state to state.  So, depending on the issues, a different result could happen might occur under NH law than under MA law.  Finally, insurance:  the owner’s home owner’s insurance should cover this accident.  And, yes, you could be sued as well even though you are not an owner.  You had control over the property at the time of the accident and that might be enough to “bring you in.”  Your homeowner’s insurance probably will NOT cover you.  Therefore, it is imperative you seek legal counsel so you may try to protect your assets. 

With offices in Framingham, our Trip and Fall Attorneys provide legal representation to individuals in Framingham and the surrounding areas including Sudbury, Wayland, Natick, Sherborn, Holliston, Ashland and Southborouth.