Mounsey doctrine in Massachusetts

1980It used to be said, as in Gallo v. Leahy, 297 Mass. 265, 268 (1937), that “the owner of land has the duty, to workmen of an independent contractor coming on his premises for the purpose of doing work at the owner’s request, to disclose to them hidden defects of which he knows or of which in the exercise of reasonable care he should know.” See Afienko v. Harvard Club, 365 Mass. 320, 327-328 (1974); Findlay v. Rubin Glass & Mirror Co., 350 Mass. 169, 172 (1966).

1980It used to be said, as in Gallo v. Leahy, 297 Mass. 265, 268 (1937), that “the owner of land has the duty, to workmen of an independent contractor coming on his premises for the purpose of doing work at the owner’s request, to disclose to them hidden defects of which he knows or of which in the exercise of reasonable care he should know.” See Afienko v. Harvard Club, 365 Mass. 320, 327-328 (1974); Findlay v. Rubin Glass & Mirror Co., 350 Mass. 169, 172 (1966).

1980It used to be said, as in Gallo v. Leahy, 297 Mass. 265, 268 (1937), that “the owner of land has the duty, to workmen of an independent contractor coming on his premises for the purpose of doing work at the owner’s request, to disclose to them hidden defects of which he knows or of which in the exercise of reasonable care he should know.” See Afienko v. Harvard Club, 365 Mass. 320, 327-328 (1974); Findlay v. Rubin Glass & Mirror Co., 350 Mass. 169, 172 (1966).

1977So ordered. 1 In fairness it should be said that the several “errors” are all based on the judge’s consistent application of the existing law which we overrule today in favor of the Mounsey doctrine. 2 We do not consider or decide today the extent of a landlord’s duty to his tenants in this area, but cf. Perry v. Medeiros, 369 Mass. 836, 840-841 (1976), where a landlord’s violation of a safety statute was held to be evidence of his negligence in an action by a tenant. 3 General Laws c. 144 regulates two or more family tenement houses in cities.

1977So ordered. 1 In fairness it should be said that the several “errors” are all based on the judge’s consistent application of the existing law which we overrule today in favor of the Mounsey doctrine. 2 We do not consider or decide today the extent of a landlord’s duty to his tenants in this area, but cf. Perry v. Medeiros, 369 Mass. 836, 840-841 (1976), where a landlord’s violation of a safety statute was held to be evidence of his negligence in an action by a tenant. 3 General Laws c. 144 regulates two or more family tenement houses in cities.

1977See also Bouchard v. DeGagne, 368 Mass. 45 (1975) (Mounsey doctrine to be applied retroactively).

1976Cf. Higgins v. Emerson Hosp., 367 Mass. 714, 715 (1975); Carpenter v. Suffolk Franklin Sav.

1975See Diaz v. Eli Lilly & Co. 364 Mass. 153, 167 (1973).

1975See Diaz v. Eli Lilly & Co. 364 Mass. 153, 167 (1973).