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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Pedestrian Accident at City Hall

by Glusing & Muher on May 15, 2013

When you become injured, your whole world is affected. You may have sleepless nights dealing with your pain and worrying about what your future holds. Receiving the proper medical care is essential to ensure you recover to the best of your ability. You may be unable to work or even care for yourself. At a time like this, family members and friends almost seem like a lifeline.

It is bad enough when you inadvertently injure yourself, but when someone else’s negligence causes your injuries, many times anger sets in. While it is true that compensation for your losses cannot eliminate the pain and suffering you are experiencing, it may help alleviate financial problems that stem from your injuries. It may also help you feel better because the negligent party has been held liable for your injuries. A personal injury attorney can assist you in filing a claim for the compensation you deserve.

Highway Safety Research and Communications Statistics

One such negligent act is when a vehicle strikes a pedestrian. According to Highway Safety Research and Communications, every year approximately 69,000 pedestrians across the nation are injured. Vehicles kill another 4,500 pedestrians each year. These numbers only reflect the pedestrians who were injured or killed on actual roadways at the time of the incident. The official statistics do not consider pedestrians who are struck in non-roadway areas, such as parking lots. This means that the number of pedestrians injured and killed by automobiles may be substantially higher than the official statistics recognize.

Matthew Hersl Hit by Car and Killed

Matthew Hersl was a 45-year-old Baltimore city employee, volunteer and devoted Baltimore Orioles fan. He was standing just outside Baltimore’s City Hall when he was struck and killed on Tuesday, April 9, 2013. He was speaking on his cell phone when the incident occurred.

The vehicle that struck him was exiting Interstate 83. According to the state police, the vehicle was a black 2000 Acura that was traveling at speeds near 100 mph. The vehicle hit Hersl before it flipped over. It is believed that the 43-year-old driver of the Acura lost control while he was trying to turn the vehicle.

Baltimore Residents Angry with Law Enforcement

Many were angered when police did not charge the driver with any citations the day of the incident. However, police stated that evidence needed to be gathered and an investigation needed to take place before charging the driver of the Acura. If he was charged with a lesser crime initially, the police would not have the option to charge him with a more serious crime, if warranted, after the investigation was complete.

Mourners at Hersl Funeral Seek Answers

On Friday, April 12, 2013, a woman wipes her eyes with an Orioles scarf during Hersl’s funeral. Rev. Furnari, who was performing the funeral, attempted to explain to people how Hersl died at no fault of his own. Rev. Furnari told mourners that the world we live in is imperfect and filled with death and sickness. He continued stating that Hersl’s final resting place is perfection.

Driver Charged in Hersl’s Death

According to an email released by the Maryland State Police, on April 15, 2013, charges were filed against Baltimore resident, Johnny Johnson, who is the driver of the 2000 Acura that struck Hersl.

Johnson is charged with:

  • Both manslaughter and homicide by motor vehicle while being impaired by drugs
  • Driving under the influence of a controlled substance
  • Possession of heroin, cocaine and drug paraphernalia
  • Numerous other traffic violations

If you have been injured at no fault of your own, seeking a knowledgeable personal injury attorney is essential. An attorney can help you attain the compensation you deserve. Contact  Glusing and Muher, LLC at (410) 861-0904 or contact us online.

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Motorcycle Safety Awareness is for Everyone

May 10, 2013

Motorcycle safety awareness takes on a new meaning for you, if you have any family members or friends who enjoy riding their motorcycles. It is almost impossible to not imagine your friend getting into a similar accident, and then the awareness factor takes on more importance. If you or a friend has been injured in [...]

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Traumatic Brain Injury Caused by an Auto Accident

April 3, 2013

The impact of an auto accident can extend far beyond the initial damage to vehicles. When occupants are injured during a collision, the body is at risk of many types of injuries to soft tissue, bones and even to the brain when the head or spine is damaged. Some injuries will be immediately evident and [...]

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Wrongful Death Caused by Car Accidents

April 3, 2013

When someone is killed because of an auto accident, their survivors may be able to pursue compensation for damages, including funeral and burial expenses. A driver who takes the wheel when they are drunk, on drugs, fatigued or otherwise impaired, is considered to be negligent, incompetent and irresponsible. If their willful actions then harm or [...]

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Drunk Driving Accidents More Likely to Result in Death

April 3, 2013

Most people are aware that drinking and driving simply do not mix. However, the CDC reports during 2010, there were more than 10,000 people died as a result of drunk driving accidents. A more frightening statistic is 1.4 million drivers were found to have been driving under the influence. Drunk driving is not a victimless crime, people die [...]

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