Massachusetts General Laws

Mass. Gen. Laws ch. 143, § 51 (2026)

Liability for violation of statutes; criminal prosecution; notice to firm or corporation

✓ current as of July 2026

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Section 51. The owner, lessee, mortgagee in possession or occupant, being the party in control, of a place of assembly, theatre, special hall, public hall, factory, workshop, manufacturing establishment or building shall comply with the provisions of this chapter and the state building code relative thereto, and such person shall be liable to any person injured for all damages caused by a violation of any of said provisions. No criminal prosecution for such violation shall be begun until the lapse of thirty days after such party in control has been notified in writing by a local inspector as to what changes are necessary to meet the requirements of such provisions, or if such changes shall have been made in accordance with such notice. Notice to one member of a firm or to the clerk or treasurer of a corporation or to the person in charge of the building or part thereof shall be sufficient notice hereunder to all members of any firm or corporation owning, leasing or controlling the building or any part thereof. Such notice may be served personally or sent by mail.

Notes of Decisions

Cited in 35 cases, 1987–2016 · leading case: St. Germaine v. Pendergast, 626 N.E.2d 857 (Mass. 1993).

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St. Germaine v. Pendergast, 626 N.E.2d 857 (Mass. 1993). · cites it 20× “This action, brought pursuant to G.L.c. 143, § 51, as amended by St. 1992, c.”

Klairmont v. Gainsboro Restaurant, Inc., 465 Mass. 165 (Mass. 2013). · cites it 2× “The plaintiffs’ second amended complaint contained counts of wrongful death on the theories of gross negligence; wilful, wanton, or reckless conduct; negligence; and strict liability under G. L. c. 143, § 51. 9 It also contained counts alleging violation of c.”

St. Germaine v. Pendergast, 584 N.E.2d 611 (Mass. 1992). · cites it 3× “In this claim, the plaintiffs asserted that Pendergast was liable for damages under the provisions of G. L. c. 143 § 51 (1990 ed.). In addition, the plaintiffs as *617 sorted that Pendergast, by acting as his own contractor and obtaining a building permit and other documents in…”

Osorno v. Simone, 779 N.E.2d 645 (Mass. App. Ct. 2002). · cites it 9× “We are asked to decide in this case whether the provisions of G. L. c. 143, § 51, imposing strict liability for injuries caused by violations of the State Building Code upon those in control of certain types of “buildings,” apply to the *613 Mariners Landing Condominiums and the…”

Santos v. Bettencourt, 661 N.E.2d 671 (Mass. App. Ct. 1996). · cites it 5× “He also indicated that he rejected the plaintiff’s claim of a “cause of action under G. L. c. 143, § 51.” The plaintiff appealed, and this court, in an unpublished memorandum entered without oral argument, affirmed the separate judgment dismissing the plaintiff’s complaint.”

Commonwealth v. Porrazzo, 516 N.E.2d 1182 (Mass. App. Ct. 1987). · cites it 7× “That statute, as amended through St. 1972, c. 802, § 35, reads in pertinent part as follows: “The owner, lessee, mortgagee in possession or occupant, being the party in control, of [certain types of buildings, including the building involved in this case] shall comply with the…”

Hayes v. CRGE Foxborough, LLC, 167 F. Supp. 3d 229 (D. Mass. 2016). · cites it 3× “To prevail on her Mass. Gen. L. c. 143 § 51 strict liability claim, Hayes must establish that her alleged injury was caused by building conditions that violated the provisions of Mass.”

Pielech v. Massasoit Greyhound, Inc., 441 Mass. 188 (Mass. 2004). · cites it 3× “66, and amended the statute, inserting language that covered the defendant’s actions and made the 1992 statute retroactive.”

Sheehan v. Weaver, 7 N.E.3d 459 (Mass. 2014). · cites it 2× “The jury found also that, pursuant to G. L. c. 143, § 51 (§ 51), the Weavers were strictly liable for Sheehan’s injuries because they were caused by various violations of the State building code.”

Parello v. McKinney, 710 N.E.2d 613 (Mass. App. Ct. 1999). · cites it 8× “” G. L. c. 143, § 51, as amended by St. 1992, c.”

Banushi v. Dorfman, 438 Mass. 242 (Mass. 2002). · cites it 2× “This case presents the question whether a two-family house in which one unit is rented is a “building” within the meaning of G. L. c. 143, § 51, a statute that imposes strict liability on the property owner (among others) for injuries resulting from building code violations.”

Fox v. Little People's Sch., Inc., 766 N.E.2d 883 (Mass. App. Ct. 2002). · cites it 3× “Subsequently, however, she moved to amend the complaint to assert a claim for damages arising under G. L. c. 143, § 51 (as amended through St.”

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