Articles Tagged with wrongful death

For decades, the attorneys at Heinlein Beeler Mingace & Heineman, P.C. [HBMH Law] have been representing victims of the operations of colleges and universities. These Institutions of Higher Education [IHEs] are in many cases massive corporations with operations extending well beyond what some view and their core educational mission. They own vast parcels of land on which they build large and complex structures to provide facilities to young adults. These include academic buildings, including science and engineering buildings, sports and recreation facilities and residence halls. With these operations, and the money generated from them, comes a commensurate responsibility to exercise reasonable care under the circumstances for the safety of their students.

There can be little dispute about the fact that many college and university students are under 25 years of age. While, as a society, U.S. jurisdictions typically set the age of adulthood at 18 years old, modern brain science has confirmed what the auto-rental industry has long known. Major brain development ends around age 25, well after the age of “adulthood.” Our IHEs concentrate these still-developing, young adults in environments that are fraught with risks that are in many ways unique to colleges and universities due to their mission of serving this concentrated population. These students “neurocircuitry remains structurally and functionally vulnerable to impulsive sex, food, and sleep habits” and are “highly vulnerable to driving under the influence of alcohol and social maladjustments due to an immature limbic system and prefrontal cortex.” As noted by the authors of Maturation of the adolescent brain “[a]dolescents may become involved with offensive crimes, irresponsible behavior, unprotected sex, juvenile courts, or even prison. According to a report by the Centers for Disease Control and Prevention, the major cause of death among the teenage population is due to injury and violence related to sex and substance abuse.”

The recent case of Doe v. Boston University, raises these issues in the context of the sexual assault of a young female student in her dorm room. As set forth in that case, during the Head of the Charles weekend in 2015, two unescorted MIT students entered 11 unlocked rooms in Boston University’s Student Village 2 dormitory, before they encountered Jane Doe, who was asleep in her bed. One the intruders sexually assaulted Doe. He reportedly pled guilty and was sentenced to five years of probation.

According to the U.S. Energy Information Administration [EIA], Massachusetts consumes nearly half of the natural gas used in New England. The majority of the gas is used to generate electricity, but residential customers use more than one-fourth of the state’s natural gas consumption and more than half of the households in Massachusetts rely on natural gas as their primary source for home heating.

Natural gas is marketed as cleaner, more efficient and often less costly for the consumer than alternatives like oil.Natural gas is delivered to these homes and businesses through an infrastructure of pipelines, many of them aging, and leaks are not uncommon. It is the flammability of the gas that makes it a useful fuel source. That same flammability and explosiveness, however, is what can lead to explosions, fires, death, injury and property damage.

It appears that such an event happened in the Massachusetts communities of Andover, North Andover and Lawrence on September 13, 2018. Reportedly more than 80 homes and businesses were impacted and many were seriously damaged by the 60 resultant fires. More tragically, one person is reported dead after debris from a chimney hit the car he was in when a building exploded. At least 25 others were injured in the fires. While it will no doubt take some time to determine the cause and origin of the fires and explosions, reports indicate that federal safety experts will be investigating and that state officials have been looking into the gas supply system operated by Columbia Gas which may have pushed high-pressured natural gas into a low-pressure section of the network. Columbia Gas has been working to address its 8,600 customers in the area. As a result of the incident, 18,000 customers are without electricity and as of the morning of September 14, 2018 road access to the City of Lawrence had been cut off by officials. Many institutions, including schools and the state Courts have been closed.