Now here is a public invitee case worth following. Boston’s Granary Cemetery is dealing with an alarming incicent where a woman strolling on their grounds fell into a burial chamber. The tourist was walking along a fence when she found herself in a hole that proved to be a staircase into a 350 year old vault.
The tourist does not appear to be suing (yet), but it would make for an interesting case.
Past discoveries include a similar burial vault that contained the remains of more than 100 newborns. Now, that would make for a negligent infliction of emotion distress claim to be dropped into a vault with 100 dead babies. Tourists would be considered public invitees and, while this may be a historical site, there could still be liability. Since this happened before, a court could find that the cemetery needed to post signs and make a reasonable effort to safeguard walking paths.
The cemetery is the resting place for Paul Revere, John Hancock, Samuel Adams, the parents of Ben Franklin, and other famous Americans.
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