In Massachusetts, a property owner has a legal duty to those on their property to maintain it in a reasonably safe condition. While many people may associate this obligation with maintaining the property in a hazard-free condition to avoid trip-and-fall and slip-and-fall accidents, the duty actually goes beyond just that. One of the other obligations property owners have is to keep visitors to the property free from harm by certain third-party assaults. When a property owner fails to do so, and you suffer injuries as a result, you may have a claim against that property owner. An experienced Massachusetts premises liability attorney can help you assess your situation and the merits of your case.
An example of this type of scenario was a federal case that recently went before the First Circuit Court of Appeals, whose rulings affect federal cases in Massachusetts, Maine, Rhode Island, New Hampshire, and Puerto Rico. In the case, the plaintiff, Henry, lived in a condominium complex that was attached to a luxury hotel in downtown Providence. This residence came with access to the hotel’s services and amenities. One night, while waiting outside for his girlfriend, Henry noticed a large group of boisterous young people who were going in and out of the hotel’s entry area. At one point, the group appeared to chase and potentially attack an African-American passer-by.
Henry told a valet to get help, but the valet told Henry, “That’s not my problem” and went to go park a car. Henry retreated to the hotel lobby. He informed the hotel concierge of the problem, but before she could act, the mob attacked Henry. They punched, shoved, and kicked him. They held him down while one threw a table at him. In the end, Henry suffered a broken arm in the attack.