In May 2025, the Massachusetts Appeals Court issued a decision that should get the attention of every landlord, property owner, and real estate investor in the Commonwealth. In Varley v. Walther, a mother rented an in-law apartment to her daughter. After a seemingly minor change to the property, the daughter fell, fractured her ankle, and sued her mother—and the jury sided with the tenant.
This case is more than just a family dispute. It’s a cautionary tale about how everyday decisions around the home can turn into serious legal liability.
The Facts: A Family, a Platform, and a Late-Night Fall
Eva Walther owned a home in Whitman, Massachusetts. On the property was a ranch-style apartment that she had rented to her daughter, Dawn Varley, since 1988.
In 2013, to accommodate an elderly family member, Walther asked her grandson to build a wooden platform that connected a wheelchair ramp to the apartment’s front door. This platform eliminated an 8-inch drop from the threshold and made the entrance level.
Three years later, after the elderly family member passed away, Walther asked the same grandson to remove the platform. She didn’t tell her daughter when the platform would be taken out—or that it had been removed.
That night, Dawn stepped outside, expecting a flat surface, and instead encountered an unexpected 8-inch drop. She fell, severely injuring her ankle. The only outdoor lighting was a motion-activated light that didn’t come on until after the fall.
The Lawsuit: Duty of Care, Open and Obvious Dangers, and Landlord Negligence
Dawn Varley sued her mother for negligence, alleging that the removal of the platform created a dangerous condition and that her mother failed to warn her. Walther argued that the drop was “open and obvious” and that her daughter should have exercised caution.
The jury disagreed.
The court emphasized a few key principles of Massachusetts law:
- Landlords have a duty to maintain rental property in a reasonably safe condition.
- A landlord must warn of known dangers—unless they are so open and obvious that a reasonable person would notice them.
- Even if a danger is open and obvious, the duty to warn may still exist if it’s foreseeable that a tenant might encounter the hazard despite knowing it exists.
In this case, the court found that the drop was not “open and obvious” when encountered in the dark, particularly because it had not existed for the past three years and there was no warning.
What Varley v. Walther Means for Massachusetts Landlords
This decision reinforces the idea that property owners must take care when making changes—especially when those changes affect a tenant’s regular use of an entryway, stairs, or walking surface.
Even if:
- The change appears minor,
- The tenant has lived there for years, or
- The hazard isn’t a building code violation,
You may still be held responsible if the change creates a foreseeable risk and you don’t provide a warning.
Best Practices for Landlords and Property Owners
If you rent out property in Massachusetts—or allow family members to live on-site—you should:
- Communicate Clearly
Always notify tenants (in writing, if possible) about any change to stairs, entryways, walkways, lighting, or other safety-related areas.
- Consider the Timing
Remember that a hazard may be more dangerous at night or in poor lighting, even if it seems obvious during the day.
- Don’t Rely Solely on “Open and Obvious”
Even if a tenant “should” see the hazard, courts may still hold you liable if they believe you failed to act reasonably.
- Document Everything
Keep records of any property changes, tenant notifications, or safety improvements—just in case something goes wrong later.
The Takeaway: Small Changes, Big Risk
Varley v. Walther is a stark reminder that property owners—whether landlords or family—can be held legally responsible for injuries caused by changes to the premises. Something as simple as removing a wooden platform without warning resulted in a serious injury, a lawsuit, and an appellate court decision.
If you’re a landlord in Massachusetts, or even just letting a family member live on your property, now’s the time to review your property maintenance practices and update your risk management strategy.
Need Legal Advice About Landlord Liability in Massachusetts?
At Cote Law Group, we work with landlords, property owners, and families to avoid lawsuits before they happen. If you’re making changes to your rental property—or dealing with an injury claim—we can help.
Call us today for a consultation.
Disclaimer
This article is for informational purposes only and does not constitute legal advice. To receive legal advice specific to your situation, please contact Cote Law Group directly.