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★ Massachusetts · fracture

Fracture settlements
in Massachusetts.

By Reviewed by Abd Shanti, Founder9 min read

A Massachusetts landlord who removes something a tenant relies on without warning can be liable when the tenant falls. In a 2025 case a woman broke three bones in her ankle stepping into the dark where a platform had been, and the verdict for her was affirmed.

Facts that decide a fracture claim in Massachusetts

Open and obvious defenseA change the tenant had no reason to expect, in the dark, is not open and obvious as a matter of law; the jury may find a duty to warn.Varley v. Walther (Mass. App. Ct. 2025)
Fault ruleYour negligence does not bar recovery if it “was not greater than the total amount of negligence attributable to” the defendants; the award is reduced by your share.G.L. c. 231, § 85, as quoted in Shantigar Foundation v. Bear Mountain Builders (Mass. 2004)
Deadline to sueThree years: tort actions “shall be commenced only within three years next after the cause of action accrues.”G.L. c. 260, § 2A
Claims against public bodiesWritten presentment within 2 years (30 days for road defects); damages capped at $100,000 per plaintiff.G.L. c. 258, §§ 2, 4; c. 84, § 18, in the MyClaimWorth notice of claim chart
united states · sister site
Your fracture claim in Massachusetts. See the number for your own case.

FairSettlement gives you a free estimate for your own fracture case in about two minutes, no cost and no obligation.

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★ MA · reported fracture outcomes

What Massachusetts courts have awarded.

Real Massachusetts decisions and verdicts, each linked to the court record or official report.

  • Varley v. Walther
    Massachusetts Appeals Court · 2025
    Jury verdict for tenant affirmed

    Dawn Varley rented an apartment from her mother. Stepping out her front door into the dark, expecting the level platform she had used 10,000 times over three years, she fell because the platform had been removed without notice. Her foot was facing the wrong way; she suffered a three bone ankle fracture needing surgery and physical therapy. The jury found the landlord negligent, and the Appeals Court rejected the open and obvious defense and affirmed.

★ MA · fracture · in practice

What changes the number here.

What actually moves a fracture settlement in Massachusetts.

  1. 1

    Habit is evidence. Varley had stepped onto the platform thousands of times, which made its sudden removal a hidden danger rather than an obvious one.

  2. 2

    Lighting matters. The motion light came on only after she fell, which supported the finding that she could not see the change.

  3. 3

    Falls on public ways follow short notice rules, including 30 days for road defects, so act fast when a city sidewalk or road caused the fracture.

  4. 4

    Family landlords are still landlords. Varley sued her own mother, the owner of the building, and the jury held her to the same duty of care as any landlord.

  5. 5

    Surgery and therapy set the value of an ankle fracture. A three bone break that needs an operation and months of therapy is at the serious end of fracture claims, and the medical records are the core of the damages proof.

★ MA · statute of limitations
3 years from date of injury

Mass. Gen. Laws ch. 260, § 2A

★ MA · fault rule
Modified comparative, 51% bar

Modified comparative, recovery barred at 51% claimant fault.

★ MA · caps

What caps recovery.

Statutory caps that may bear on a fracture settlement in Massachusetts.

★ fracture · same region & fault regime

Compare to like jurisdictions.

How Massachusetts's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for fracture claims.

JurisdictionFault ruleLimitationFracture page
Massachusetts · you are hereModified comparative, 51% bar3 years from date of injury—
New HampshireModified comparative, 51% bar3 years from date of injuryNH · fracture →
New JerseyModified comparative, 51% bar2 years from date of injuryNJ · fracture →
New YorkPure comparative negligence3 years for personal injury; 2 years 6 months for medical malpracticeNY · fracture →
PennsylvaniaModified comparative, 51% bar2 years from date of injuryPA · fracture →
Rhode IslandPure comparative negligence3 years from date of injuryRI · fracture →
VermontModified comparative, 51% bar3 years from date of injuryVT · fracture →
MichiganModified comparative, 51% bar3 years from date of injuryMI · fracture →
MinnesotaModified comparative, 51% bar6 years for personal injury (uncommonly long); 4 years for medical malpracticeMN · fracture →
MontanaModified comparative, 51% bar3 years from date of injuryMT · fracture →
NevadaModified comparative, 51% bar2 years for personal injury; 3 years for medical malpracticeNV · fracture →
MississippiPure comparative negligence3 years from date of injuryMS · fracture →
MissouriPure comparative negligence5 years for personal injury; 2 years for medical malpracticeMO · fracture →
★ MA · fracture · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

united states · sister site
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Sources

Checked 2026-09-28.

★ all of MA
Massachusetts overview

Fault rule, statute, caps, and key facts for Massachusetts as a whole.

★ national frame
Fracture in United States

Fracture band structure and severity tiers at the US level.

★ all 15 countries
Fracture · everywhere

Cross-jurisdiction comparison of fracture bands.

★ editorial note

Figures on this page are not quotes for any specific case. For representation, consult an attorney admitted in Massachusetts. See /methodology, /sources, and /disclaimer.