Articles Posted in Premises Liability

24-year-old Mario Rosa was shot to death in his apartment building’s vestibule in Revere, Massachusetts on Saturday. Police found him with multiple gunshot wounds and he was pronounced dead at the scene.

According to The Boston Globe, one of the neighbors in the area says that the building where Rosa was shot has a huge turnover rate and police have been to the property on a number of occasions. The Suffolk County State Police Detective Unit is investigating Rosa’s death.

Massachusetts Premises Liability

A person was fatally injured on the southbound side of Kendall Square station in Cambridge today, an MBTA spokesperson told the Boston Globe. It happened around 11:30 a.m., and Red Line service has now resumed. It had been shut off between South Boston and Harvard Square and shuttle buses were put into service so that Transit police could investigate and responders could reach the victim.

We’ve recently seen an increasing amount of persons being injured or killed on the MBTA. Earlier this month, an 18-year-old was injured and a 21-year-old was killed on an MBTA bus. On the same day as that incident, police were called to investigate two other Red Line stabbings. At that time, riders were calling for more officers and security cameras. While the facts of this article are unclear as to the cause of the fatal injury, there is no mention of an accident, and this too may have been the result of an attack.

These kinds of criminal attacks that keep occurring on MBTA premises could give rise to negligent security personal injury or wrongful death claims. Owners or managers of premises that serve the public, like the MBTA, can be liable for injuries caused by criminal acts of third parties where the risk of the criminal attack is foreseeable. Here, given the recent rash of criminal attacks on the MBTA and particularly on the Red Line, these acts should be becoming more and more foreseeable.

At Altman & Altman, we have extensive experience handling MBTA accident and negligent security claims. In our more than 40 years of experience, we have helped victims and their families recover medical bills, lost wages, pain and suffering, and other claims related to their injury.

Sources:
The Boston Globe: Red Line service restored this afternoon: investigation into Kendall Square death continues
The Boston Globe: Man killed, 1 injured in stabbings on bus
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Yesterday evening, a man was hit by an MBTA commuter rail train in Lynn, the Boston Globe reported. It is alleged that the man was on the tracks when the Newburyport/Rockport line train hit him. He was taken to Beth Israel Deaconess Medical Center by Medflight, and his condition is not known.

Owners and managers of places (in this case, for example, the MBTA) can owe legal duties to prevent harms to persons who are on the premises. This is an area of personal injury (tort law) that is called premises liability.

Premises liability law and tort law in general differ from state to state. In some states, the nature and scope of the duty owed to the entrant is focused on the status or classification of the entrant, but in other states there is a more general duty. An “invitee” is any person (1) who is on the premises at least partly for the pecuniary benefit of the owner; or (2) who is on property that is open to the public. A “licensee” is any person who has permission to be on the premises but with limited license. A “trespasser” is a person who does not have a right to be on the premises and enters without express or implied consent from the owner. Social guests are traditionally licensees because they aren’t on the property for the financial benefit of the owner. In the example above, the injured person is an “invitee” because he was at the train station at least partly for the pecuniary benefit of the MBTA and because the train station is a public place. Therefore, in any state, this man would be owed a duty of reasonable care.

One tort law concept raised by this story is contributory negligence. At the common law, if a person was injured partly because of his or her own negligence, then they could not collect any money from the other party. Many consider this to be a very bad rule, and the following example might be illustrative of why that is: If Person A was driving drunk and over the speed limit and injured Person B who was driving carefully and within the speed limit but was 6 inches over the center line in a car crash, most likely Person B could not get any compensation for her injuries because her negligence “contributed” to the crash. Because of these often unfair results, less strict “comparative fault” rules were adopted. Under comparative negligence rules, a person can still recover even if he or she contributed to the accident, but their damages will just be reduced by the amount of their own negligence. Massachusetts is a modified comparative negligence state, meaning that a claimant will only be precluded from recovery if his negligence was greater than that of all of the defendants. In the example above, the man probably had some degree of negligence since he was standing in the tracks, but there are a variety of things that we don’t know from this story. We don’t know how he ended up in the tracks, and that is very important. For example, if he slipped and fell because of the carelessness of another person or if he was pushed into the tracks by a person who should have been stopped by MBTA security, the MBTA could be completely at fault.
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Early Sunday morning, the second armed robbery in three days near Harvard campus occurred. Kai Robert Kruger, a 21-year-old Cambridge man, shot at a police officer after robbing three Harvard freshmen.

Before the police arrived, Kruger stole the students’ credit cards, wallets and cell phones. Police spotted a man acting suspiciously, and when they stopped to investigate, he fled and fired shots. The man, later determined to be Kruger, missed and fell down a flight of stairs. He was then disarmed and taken into custody.

Early Thursday morning, a man unaffiliated with Harvard was the victim of an armed robbery in Harvard Yard. It is unclear whether the two incidents were connected.

Harvard Police told the Boston Globe that they have added patrolling officers to increase their visibility on campus.

Source: The Boston Globe, Second armed robbery in three days near Harvard campus

Negligent security on college campuses is a very common problem. If you have been injured as a result of negligent college campus security, you might be entitled to compensation.
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There was a fire in the Downtown Crossing MBTA station Saturday night that caused evacuations. It started around the wheel and firefighters extinguished it and cleared the scene. There are no reported injuries as of yet.

Many times when there are fires, injuries can be less apparent. For example, smoke inhalation can make people sick, but the effects might not be seen immediately. Other injuries like burns tend to be more obvious.

The risk of injury on the MBTA is always at hand, whether you use it daily or only once in a while. MBTA injuries can occur for a variety of reasons, including unsafe conditions on the premises. Such injuries can be serious, and they can also create financial burdens on you and your family. Depending on the circumstances, those injured might be entitled to compensation for medical bills, lost wages, damage to property, pain and suffering, and more.
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