Published Monday, November 2, 2026. This post summarizes public news reports and is general information, not legal advice.
What Happened at 453 Medford St. in Malden
One person was injured in a house fire at a home at 453 Medford St. in Malden early Monday, wcvb.com reported. Firefighters were called to the home just after 1 a.m.
When crews arrived, they found heavy smoke coming from the basement and the first floor of the home. Residents of the home were able to escape before fire crews got there.
Officials said one person was taken to Massachusetts General Hospital to be treated for minor burns. The cause of the fire remains under investigation.
How Can Comparative Negligence Affect a Fire Injury Claim in Massachusetts
A person hurt in a residential fire can have a claim for compensation when someone else’s negligence contributed to the harm. Whether anyone can be responsible often depends on how the fire started and on the condition of the building, questions that an official cause investigation can help answer.
Massachusetts follows a comparative negligence rule. Under M.G.L. c. 231, § 85, an injured person’s own negligence does not bar compensation unless it was greater than the combined negligence of everyone the person seeks to recover from. Any compensation is reduced in proportion to the injured person’s share of the negligence.
Building conditions can also be relevant. Under M.G.L. c. 143, § 51, the owner, lessee, mortgagee in possession or occupant who is the party in control of a building must comply with that chapter and the state building code relative thereto. The statute says such a person "shall be liable to any person injured for all damages caused by a violation" of those provisions. Whether any code provision applies to a particular fire depends on the facts.
At Colucci, Colucci & Marcus, P.C., Boston personal injury attorney Dino M. Colucci represents people injured in fires and other incidents at homes and buildings. Our team investigates how a fire started, who controlled the property and what records exist. Our team represents injured clients in Suffolk, Norfolk and Middlesex counties and throughout Massachusetts.
Why Evidence After a House Fire Can Go Cold Quickly
Evidence in a fire injury claim can be lost as a property is cleaned up, repaired or demolished. Damaged wiring, appliances and building materials can be removed or discarded, and conditions at the scene can change before anyone documents them.
Electronic records can matter as much as physical ones. Phone records, photos and video stored on personal devices, and data from home security or alarm systems where they exist, can be overwritten or deleted. Some of these records are held by companies or agencies and can require a formal request to obtain.
Records about the property itself can be relevant too. Inspection histories, permits and maintenance or repair records can show the condition of a building before a fire, and some of them are held by public offices or private parties and can require a formal request to obtain.
Witness memory can fade. Neighbors and residents who saw the smoke or the emergency response can forget details as time passes, so their accounts are most useful when gathered early.
Deadlines also apply. Under M.G.L. c. 260, § 2A, a personal injury claim in Massachusetts generally must be filed within three years after the cause of action accrues.
What to Do Now After a House Fire Injury
- Preserve documents and photos: Keep photos of the property, damaged belongings and any injuries, along with medical bills and records. Images taken before cleanup or repairs can show conditions that later change.
- Get the fire report number: Ask the local fire department for the incident report number. Having the number can make it easier to request the report and related records later.
- Do not give recorded statements to another party’s insurer: A recorded statement, a medical authorization or a settlement release given to an insurer early can affect a claim before the full extent of an injury is known. It is generally worth understanding what a document does before signing it.
- Follow medical advice: Attend follow-up appointments and keep copies of treatment records. Medical records can serve as evidence of the injury and the care it required.
- Speak with a lawyer: A lawyer can review the investigation as it develops, identify who controlled the property and explain which deadlines apply. This review can help an injured person understand the options available.
Sources
- wcvb.com: One person injured in Malden house fire
How Colucci, Colucci & Marcus, P.C. Can Help
Our Boston attorneys represent people injured in a fire and their families, from the first insurance call through resolution. Call Colucci, Colucci & Marcus, P.C. at (617) 958-3807 to schedule a consultation. Our office at 31 Milk St, 4th Floor, Boston, MA 02109 serves injured clients throughout Boston and across Massachusetts.
