Providing Excellent Legal Counsel to Massachusetts Negligent Security Clients
All Over Massachusetts.

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Frequently Asked Questions

1. My identity was stolen. Could I have a Massachusetts negligent security claim?

Massachusetts negligent security law has recently been extended to include identity theft. Massachusetts businesses, Massachusetts colleges, Massachusetts schools, and other entities now store a significant amount of personal information electronically. Unauthorized access to personal information, such as social security and credit card numbers, can result in identity theft. Massachusetts businesses have a legal obligation to secure their computers against internet hackers, viruses and other potential security risks so that personal information does not fall into the wrong hands. Massachusetts businesses that fail to properly or sufficiently secure personal information may be held liable in a Massachusetts negligent security claim.

2. I was attacked inside my Massachusetts apartment. Is my Massachusetts landlord liable?

A Massachusetts landlord’s duty to provide reasonable protection against potential dangers generally only applies to common areas shared by Massachusetts tenants, such as parking garages, hallways, elevators and stairwells. Therefore, it is less likely that a Massachusetts landlord would be found responsible for attacks that occur inside of a Massachusetts tenant’s apartment. Furthermore, the Massachusetts landlord may defend against a Massachusetts negligent security liability claim by countering that the Massachusetts tenant’s own negligence was to blame for the attack, for example, if the Massachusetts tenant left a window unlocked.

However, if the danger was foreseeable, a Massachusetts landlord may still be found liable for failing to prevent the attack. You should consult with an experienced Boston, MA negligent security lawyer to find out how Massachusetts premises liability law applies to your specific case.

3. My child was approached by a sexual predator online. Could I have a Massachusetts negligent security claim?

Massachusetts negligent security law now recognizes the fact that pedophiles and other sexual predators frequently use chat rooms and websites to contact victims. The hosts of these internet sites can be held liable for facilitating communication between predators and children if it can be shown that, considering the nature of the content on the site, greater security measures should have been taken to prevent a foreseeable attack.

4. Is my Massachusetts landlord legally obligated to tell me if there is a sex offender in my neighborhood?

Megan’s Law stipulates that information regarding sex offenders must be released to communities where they live. In addition to this federal law, Massachusetts law provides that Massachusetts landlords who rent to a sex offender who sexually assaults another Massachusetts resident may be held liable.

If a Massachusetts landlord is aware of a registered sex offender living in the neighborhood, he or she may be required to notify you of the associated risks and provide your family with sufficient security against these risks.

5. I was assaulted on my university campus. Is my college liable?

A Massachusetts university may be held liable for attacks that occur on its campus if the Massachusetts institution failed to take reasonable measures to protect its students from foreseeable dangers. However, the Massachusetts school may claim that the student’s own negligence caused or contributed to the attack. For example, a Massachusetts college may not be responsible when a Massachusetts student is injured at a fraternity party, because it is not an event that is sponsored by the Massachusetts university.

6. How is it decided whether a Massachusetts property owner took “reasonable” measures to reduce the danger of an attack?

Massachusetts courts generally use a balancing test to decide whether the security measures taken by the Massachusetts property owner were reasonable under Massachusetts law. This test considers the likelihood of an assault and the possibility of harm weighed against the burden put on the Massachusetts property owner to establish adequate security. If the risk of an attack was low and the burden placed on the Massachusetts property owner was high, the Massachusetts property owner may not be found liable. What is determined to be reasonable protection can range from installing security cameras to hiring a security guard contractor and security personnel.

The Boston, MA Law Offices of Gilbert R. Hoy, Jr. and Affiliates is a team of Boston, MA lawyers from some of the best law offices in Massachusetts who have been personally selected by Attorney Hoy because of their skill, experience and expertise. Many of the Boston, MA lawyers who are available to our Massachusetts clients through referral agreements, including expert Massachusetts negligent security lawyers, have been repeatedly selected and recognized as among the very best lawyers in Massachusetts and, indeed, the country. Whatever your Massachusetts legal issue is, we have a trained Boston, MA lawyer specialist to assist you.
If You Are the Victim of Personal Injuries Arising From Negligent Security, Call the Boston, MA Negligent Security Lawyer Experts at Our Boston Law Firm Today at 617-787-3700 or Email Our Massachusetts Inadequate Security Attorney Specialists at info@gilhoylaw.com.