Child Trespassers in Massachusetts and Personal Injuries

Many times in Massachusetts children trespass.  This can result in harm and personal injury to such children.  Massachusetts has a statute which protects children who are injured as a result of trespassing on a landowner’s property. 

A Massachusetts landowner can be held liable for injuries to trespassing children if he knew or had reason to know that children were likely to enter upon his land, and, that if they did enter the land, that they could be injured by an artificial structure (pool, trampoline) on the land.  This law is designed to require landowners to keep their property reasonably safe when they have reason to know that children may enter upon such land.  The reason is that children may not realize the hidden dangers of the property, and that the landowner is in a better position to be aware of such dangers, and to prevent them from occurring in the first place.

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