A Massachusetts Superior allowed a Plaintiff’s claim for injuries from an altercation at the TD Garden during a Boston Bruins Game to proceed to the Jury. The Plaintiff brought a negligent security claim against both the TD Garden as well as their security vendor after he was assaulted in the men’s room by another fan. The defendants argued they are entitled to a summary Judgment because the injuries sustained by the plaintiff were not reasonably foreseeable. The Massachusetts Superior Court Judge Denied the Defendant’s motion to dismiss the case. The Judge said there are certain circumstances at the TD Garden where fights are foreseeable and the allegation whether the actions taken by the defendants were adequate under the circumstances are to be determined by “the collective wisdom of the Jury as fact finders”.
On 3/25/2010, the plaintiff entered the men’s restroom at the TD Bank Garden immediately after the end of a Bruins game. The plaintiff claims he observed an altercation and tried to diffuse the situation. Ultimately, the defendant lifted up the plaintiff, threw him to the ground causing him to sustain bodily injuries.
The Judge noted there was no security guards within the restroom or outside the restroom and the security guards that responded to the altercation needed to run from three stadium sections away from the incident location. The judge concluded “a genuine issue of material fact, therefore exists as to whether the presence of security personnel nearer to or directly outside the men’s room bears upon the issue whether the defendants took reasonable deterrent measures”.
If you or a loved one were injured and you believe the injury occurred due to negligent security of the premises where the accident occurred, please contact an experienced attorney such as Attorney Michael Smith to review your potential claim.