KayakerMel t1_je7zyz2 wrote on March 30, 2023 at 1:53 AM

Reply to comment by bananafobe in Driver who crashed into Apple store charged with murder by kas435red

Local here - the lack of the bollards is a huge factor. A lot of local news stories brought this up. The location is also at the end of a straight roadway, hence how the vehicle was able to get up to speed.

MelaniasHand t1_je87mrs wrote on March 30, 2023 at 2:53 AM

It’s not really off that straight path, though. That would lead into Burton’s. He had to have taken the corner just enough to avoid the front of Burton’s sticking out and go right into there Apple Store.

The murder charge means the prosecution thinks it was intentional.

[deleted] t1_je8apvh wrote on March 30, 2023 at 3:20 AM

None of the stores in that strip mall have bollards. Nor are there any in any other nearby strip malls. And plenty of those stores have glass fronts.

ferrari91169 t1_je8kghi wrote on March 30, 2023 at 4:54 AM

That doesn't really matter though. Apple, or probably moreso the property management, are not absolved of liability just because other companies in the area are equally lacking in having the safety measures in place to help stop a vehicle from making it's way through the store front.

[deleted] t1_je8lm9d wrote on March 30, 2023 at 5:07 AM

There is no such law in Massachusetts.

ferrari91169 t1_je8njs2 wrote on March 30, 2023 at 5:29 AM

There doesn't necessarily need to be a law in place that says "all buildings adjacent to a road must have bollards", it will come down to a lot of factors outside of that. This is actually how precedents and laws are made.

For instance, if there are records of complaints or reports being made for similar incidents in the past, even for circumstances where they were near misses that didn't actually strike the building, and the property owners did nothing to take precautions against similar incidents in the future, that will work heavily against them.

As the property owners, they are liable for what happens on their property and should be working to make everything safe for their customers and other persons who are on the property, and ignoring obvious safety hazards, even if there isn't specific laws covering them, can leave them at fault.