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Massachusetts Negligent Security Premises Liability

Massachusetts property owners have a duty of care to keep their property free from any dangerous conditions, namely something unsafe on the premise that poses a potential hazard and may not be obvious to visitors of the property. Massachusetts land owners are legally obligated to warn people on their property of any dangerous conditions that are known or could reasonably be discovered. This includes protecting Massachusetts residents from attack or assault on their property. A Massachusetts property owner’s failure to properly secure their premises may be legally considered negligence and a breach of duty to maintain a safe environment.

Massachusetts negligent security is a type of Massachusetts premises liability claim. According to Massachusetts premises liability law, a Massachusetts property owner may be held responsible for injuries sustained by a person on their Massachusetts property due to a dangerous condition on the premises. Massachusetts negligent security cases may arise after an individual is injured in an assault by another person on a third party’s property. Employers, universities, landlords and residential and commercial land owners may all be found liable for damages to an injured Massachusetts victim if the attack was caused by negligence in adequately securing the property.

Foreseeable Assault

If a Massachusetts land owner knows about a history of criminal activity on the property or in the surrounding areas, he or she is obligated to warn visitors about the risk of assault and take all necessary precautions to avoid attacks on the premises. Foreseeable dangers must be addressed to protect Massachusetts residents from being violently assaulted.

Many factors come into play when Massachusetts courts decide whether dangers were foreseeable, namely whether an attack should have been reasonably anticipated or whether a Massachusetts property owner exerting average cautiousness should have expected the assault to occur under the hazardous circumstances. Such factors that determine foreseeability include:

  • A recent history of similar criminal acts in the nearby area or on the Massachusetts premises

  • Imminent harm of a particular crime based on prior incidences of that crime on or nearby
    the Massachusetts property

  • Any circumstances, such as the location, nature, layout and condition of the
    Massachusetts property, or any other factors that make the Massachusetts premises
    susceptible to criminal activity

If a Massachusetts court determines that the attack by the third party should have been foreseeable, the Massachusetts property owner will likely be found to have breached his or her duty of providing reasonable security, and the Massachusetts property owner will be held liable for damages to the injured party. In general, Massachusetts courts use a balancing test to decide if a Massachusetts property owner should have taken security measures to prevent an attack. The balancing test compares the threat of a violent assault, and the possible injuries that could be caused, with the burden placed on the Massachusetts property owner to provide additional security.

In order to protect Massachusetts visitors to their premises and prevent liability in the case of an assault, Massachusetts property owners who foresee criminal activity as a potential problem should take the proper measures to secure their premises. This may include installing security systems and security cameras, hiring security guards, developing security protocol and an emergency plan, and securing entryways to the Massachusetts property.

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 Massachusetts negligent security premises liability 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.