A M&K commercial landlord client recently received summary judgment in Massachusetts. The commercial landlord leased certain real property to a nightclub operator. During a concert at the nightclub, a mosh pit broke out and injured a bystander. The bystander claimed that the landlord owed a duty to keep him safe while on the premises. Brad Graham, an associate in M&K's Boston office, successfully argued that Massachusetts law does not recognize such liability.

Attorney Graham argued that under existing case law, there could only be potential liability for the commercial landlord client if the bystander’s injuries occurred within a common area of the property over which the commercial landlord maintained some control. The facts demonstrated that the bystander’s injuries occurred entirely within the leased premises and that the commercial landlord had not retained any control over that location. The Court agreed with the view of the facts and case law presented and, in a detailed written opinion, awarded summary judgment to the commercial landlord.