Legal Question in Personal Injury in Massachusetts
I am a tenant in a building of 12 businesses. One of the businesses is a Cross Fit gym. The gym owner has instructed large groups of clients to run their laps in the streets and in the building's parking lot. I myself, several clients and many tenants have on several occasions almost hit runners. The runners run throughout the day and evening. They do not wear reflective gear, and do not move for automobiles. The builders have built a track for them, but the gym owner has chosen not to pay for plowing and has continued to instruct them to run in the parking lot and streets. Fearing for the safety of the runners, I spoke with the building owner and informed them of the situation. They have spoken to the gym owner on several occasions and were told that they will run wherever they like and that's "Cross Fit" . Then the gym owner, knowing that
it was me who mentioned this to the building owner, came into my place of business threatening to tell all his clients never to use me. I know that with a bully like this, it is best just to stay away and not provoke the situation. But, it's not a case of "if" but "when" someone gets hit by a car. In speaking with one of my staff we tried to determine, in the event that a runner does get hit in the parking lot, who holds the liability? The owner of the building? The runner, (who should use their own common sense regarding running in the middle of a parking lot and street)? Or is it the gym owner who is responsible since he dictates the workout regime and running pattern?
2 Answers from Attorneys
This seems like a hypothetical question. If someone is hit by a car you could hire a lawyer to carry out an investigation into the then-existing facts and circumstances and obtain a reliable legal opinion. It is never legal to strike someone with your car, so you would think the operator of the car would have a responsibility to be careful for persons on foot, especially if they are known to frequent a particular area. The motorist would seem to have a very high duty to use caution, to drive slowly, keep a very vigilant lookout. Regards, JBS
Agreed. The person driving the car is the number one person liable for hitting someone with the car. On the other hand, with these facts, I would certainly name the Gym, Gym Owner, and Land Owner for knowingly and willfully creating and/or allowing a dangerous condition on the premises.
One could send an email to the landowner and the gym owner putting it on the record that they are on notice of the dangerous condition and requesting that it be remedied. If you should happen to be the one who hits a runner, you will want to be able to bring those cross-claims and assign or re-distribute liability.
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