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May 5, 2010

Social host liabilty in Massachusetts

Massachusetts Parents beware! Massachusetts General Laws, Chapter 138, Section 34: Delivery of Alcohol Beverages to Person Under 21 (as amended by Chapter 175 of the Acts of 2000) makes it unlawful for a person to furnish alcohol to a minor. Furnish is defined as providing alcohol to a minor except on one's own property to one's own grandchildren.

A person may be charged with violating the social host law if he or she allows a person who is under 21 to possess alcohol while on property owned or controlled by him. The statute was passed to address the issue of teenage alcohol parties being held with the full knowledge of parents.

The focus of the law is to curtail the irresponsible behavior of parents permitting minors to drink at their homes. In addition, the statute may also be used to charge minors who host alcohol parties. If a minor is left in charge of the home while his parents are away, then he or she is in control of the property. If he or she allows friends who are under 21 to bring alcohol to the home, he or she could be charged under this statute.

The penalty for violating this statute is a fine of $2,000.00 or imprisonment for one year.


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November 18, 2009

Sports Injuries In Massachusetts

In Massachusetts, unless a player's behavior rises to the level of a reckless disregard of safety, aggressive acts during competition are considered a part of the sport. This past week, soccer enthusiasts around Boston watched women collegiate female athletes throwing elbows, colliding with players and yanking ponytails of opponents who went crashing to the ground.

Brawls began in the heat of competition on soccer fields from Rhode Island to New Mexico. University of New Mexico's Elizabeth Lambert, is now suspended indefinitely for her actions. Liz's coach, Kit Vela, was quoted as saying she is a quality student-athlete, but in this instance her actions clearly crossed the line of fair play and good sportsmanship. The Providence game was halted with a minute left on the clock.

Is there legal recourse if overly aggressive behavior results in personal injury in Massachusetts? When players engage in sport, they agree to undergo some physical contacts, which could amount to assault and battery absent the players' consent. Restatement (Second) of Torts ยง 50 comment b (1965). Traditionally, the courts have felt that to impose liability on sports participants would chill the vigor of athletic competition. However, it is recognized that some restraints of civilization must accompany athletes on to the playing field. Nabozny v. Barnhill, 31 Ill.App.3d 212, 215, 334 NE2d 258 (1975)

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November 11, 2009

No Injuries At Massachusetts Institute Of Technology Fraternity From Fire

Boston is home to many universities and luckily there were no injuries in a fire at MIT in Cambridge, Massachusetts early Wednesday morning. The fire was caused by construction workers using propane torches in a utility trench.

The fire that forced the brief evacuation of at least three MIT fraternities on Memorial Drive in Cambridge.

Cambridge Deputy Fire Chief Paul Sheehan said the workers were using the torches to melt shrink wrap on pipes when the flames spread to wooden bracing in the trench, igniting it. He said the utility work did not involve a natural gas pipeline. Sheehan said the fire was quickly extinguished.

In a statement, MIT said that the fire broke out around 8:15 a.m. and was under control before 9 a.m. Students were allowed back into their housing before 10 a.m. Several students said they were ordered out of their rooms by the police and as they left, they saw flames shooting out of the site on Amherst street. According to the Boston Globe, a photo of the fire posted on Twitter shows thick black smoke and flames.

Police spokeswoman Alexa Manocchio said the fire started in a below-ground chamber that's under construction on Amherst Street. The fire erupted near 405 Memorial Drive, which is the home of the Alpha Tau Omega fraternity There were no injuries and no one was trapped," Manocchio said. The incident has backed up traffic on the Massachusetts Avenue bridge headed into Cambridge to Commonwealth Avenue in Boston. Memorial Drive is also blocked at Massachusetts Avenue.

MIT said the incident is under investigation by its own safety office and the Cambridge fire department.

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