Can I sue for being shot or stabbed in Massachusetts?
Often, yes. Massachusetts property owners owe a duty to take reasonable steps to protect people on their premises from foreseeable crime. When a business or landlord ignores a known danger and someone is shot or stabbed as a result, Massachusetts law can hold the owner financially responsible — through a negligent-security claim. You are not suing for the crime itself; you are suing the property owner for the security failures that made a foreseeable attack possible. This is separate from any criminal case against the attacker.
How Massachusetts decides if a crime was “foreseeable”
Massachusetts owners owe lawful visitors a duty to take reasonable steps to protect them from reasonably foreseeable third-party crime, judged on the totality of the circumstances (Whittaker v. Saraceno). The state rejects a rigid ‘prior identical crime’ rule, but the history of similar criminal activity on or near the property is central to whether the attack was foreseeable.
Deadlines in Massachusetts
- Negligence / personal injury: generally three years from the date of the incident from the date of the incident.
- Wrongful death: generally three years from the date of death.
In Massachusetts a wrongful-death claim is treated as derivative of the victim’s own injury claim, so the deadline can turn on the underlying injury — it is important to confirm your specific deadline early. Evidence like surveillance footage disappears fast, so it’s important to act quickly.
Fault sharing in Massachusetts
Massachusetts follows modified comparative negligence with a 51% bar (M.G.L. c. 231 § 85): you recover, reduced by your share of fault, only if you were 50% or less at fault.
What you can recover
Massachusetts does not cap compensatory damages against a private property owner in an ordinary negligence case. For families, a wrongful-death claim can recover funeral costs and the loss of support and companionship.
Why Massachusetts victims choose The Haggard Law Firm
The firm has handled nearly 500 negligent-security cases nationwide and secured the largest negligent-security verdict in U.S. history ($102.7 million). We help Massachusetts crime victims and their families with no fee unless we win.
Negligent security in Massachusetts cities
We handle Massachusetts negligent-security cases statewide. If your case happened in one of these cities, start here:
How we handle a Massachusetts case — working with local counsel
The Haggard Law Firm is based in Coral Gables, Florida, and Michael A. Haggard is licensed to practice law in Florida. Mr. Haggard is not licensed in Massachusetts. Negligent security and crime-victim litigation is the firm’s core focus, and because of the national reputation the firm has built in this specific area, Mr. Haggard regularly works on Massachusetts cases as co-counsel with a locally licensed Massachusetts attorney, seeking admission pro hac vice (for the individual case) where the court’s rules permit. Any Massachusetts matter would be handled together with local counsel admitted in Massachusetts.
If you were shot, stabbed, or lost a loved one to a preventable crime in Massachusetts, you can still reach out to us directly. We will review your case for free and, where appropriate, associate with a qualified Massachusetts attorney to pursue it.
This page is attorney advertising and general information only; it is not legal advice and does not create an attorney-client relationship. Michael A. Haggard is licensed in Florida. Prior results do not guarantee a similar outcome.
Frequently asked questions
Can I sue for being shot in Massachusetts?
Often, yes. If you were shot on a Massachusetts property that failed to provide reasonable security against a foreseeable risk, you may be able to sue the property owner for negligent security — separately from any criminal case against the shooter. Massachusetts judges foreseeability on the totality of the circumstances, with the property's history of similar crime central (Whittaker). A free case review will tell you whether you have a claim.
Can I sue if I was stabbed on someone's property in Massachusetts?
Possibly. A stabbing on a Massachusetts property with inadequate security is handled the same way as a shooting — if the attack was foreseeable and the owner failed to provide reasonable security, the owner may be liable. The claim is against the property owner, not only the attacker.
How long do I have to file a negligent-security claim in Massachusetts?
Generally three years from the date of the incident from the date of the incident for a negligence claim, and three years from the date of death for wrongful death. In Massachusetts a wrongful-death claim is treated as derivative of the victim's own injury claim, so the deadline can turn on the underlying injury — it is important to confirm your specific deadline early. Confirm your specific deadline with a lawyer quickly.
Is Michael Haggard licensed to practice in Massachusetts?
Mr. Haggard is licensed in Florida, not in Massachusetts. Because negligent-security litigation is his firm's core focus and the firm has a national profile in these cases, he regularly serves as co-counsel with a locally licensed Massachusetts attorney and, where the court permits, appears pro hac vice for the individual case. You can contact the firm directly, and where appropriate it will associate with qualified local counsel in Massachusetts.
How does Massachusetts decide if a property owner is liable?
Massachusetts judges foreseeability on the totality of the circumstances, with the property's history of similar crime central (Whittaker). If the crime was foreseeable and the owner failed to provide reasonable security, they can be held responsible.
What does it cost to hire the firm?
Nothing up front. We work on contingency — no attorney's fees unless we recover compensation for you.