Legal Question in Personal Injury in Massachusetts

First, you can be sued for negligence for any property defect if the person suing is not a trespasser. It does not sound like the person you gave permission to use your bathroom did not have your permission to be on your property. So you owe a duty of reasonable care. If this person agrees with you that you warned her to watch out for a step up or down, then it would seem unlikely she would prevail in a claim for failure to warn. She might well dispute you told her that or maintain that you didn't give her an adequate warning, it should have been more specific, etc. When there are disputes a jury must decide whose version is more credible or accurate. Maybe she will claim she did not hear you or you mumbled. As an owner, you have full responsibility - - may be sued for full amount - - and would seem to be jointly liable with other owners. If she sues only you, and collects full amount from you, then you can attempt to obtain contribution from co-owners for the amount you paid over your pro rata share. You not only have a potential liability and exposure to paying a court judgment, but you also have an exposure to paying a defense lawyer for as much legal defense as you choose to purchase. This is why most people buy insurance for their property, and why most mortgages on property require property buyers to buy and maintain insurance coverage. Best luck. Feel free to contact me if you have any further questions. Regards, JBS