Massachusetts requires most property owners including homeowners, business owners and owners of parking lots to maintain premises insurance coverage. This coverage is designed to protect them against claims against them when someone is injured during the lawful use of the property. In addition, property owners are also required by law to provide adequate security which may include:
- The use of surveillance cameras
- Hiring security personnel
- Providing adequate lighting
- Making sure all entrances (doors and windows) lock
- Proactively addressing any problems that resulted in an attack
- Warning property users about questionable or dangerous residents
However, these rules do not always apply equally to public properties, such as parks, playgrounds or public roadways which are used for public events. For example, if a person is injured through not fault of their own on a roadway or sidewalk, they may be able to collect a maximum of $5,000 in damages from the Commonwealth. In order to secure this type of personal injury settlement however, the claim must be filed within 30 days of the incident and the claimant must have absolutely no fault in the incident. One example of this: Hypothetically, if a person is in a park and is injured or attacked while there, they may be able to sue the Commonwealth for inadequate security. However, if the area has a posted sign mentioning a time of day when the area is unsecured, the claimant would have accepted any risk of entering the area after hours meaning they are unable to sue the Commonwealth
The Boston bombing incident
In the case of the incident on April 16, 2012 where more than 100 people were injured as the result of bombs being placed at the end of the Boston Marathon, some people may believe they may be able to sue the Commonwealth of Massachusetts or the City of Boston due to inadequate security. First, one would have to ignore the fact there were hundreds of officers on duty and many of them were at the finish line. However, with that said, there is another factor that must be taken into consideration.
Massachusetts General Laws are very specific about use of property public and private for open public events that are classified as recreational. When a recreational event is being held, whether on public or private property, if no fee is charged for the use of the property, the attendees have no rights to file any personal injury claims regardless of the extent of their injuries.
There is little doubt that those injured in the Boston bombing are facing weeks, months and in some cases, multiple years of rehabilitation, given the extent of some of their injuries. Many people will suffer from hearing loss, three people at the Boston Marathon plus a law enforcement officer in Watertown lost their lives and many lost limbs and feet. For these families, medical bills are liable to run into the tens of thousands of dollars, some will be uninsured and others still will be unable to return to work for several months, if at all. However, in this case, the injured and the families of the deceased will not find any relief under the Commonwealth’s personal injury statutes governing in adequate security since the event was recreational and held on public property.
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