2012 Massachusetts General Laws
PART III COURTS, JUDICIAL OFFICERS AND PROCEEDINGS IN CIVIL CASES(Chapters 211 through 262)
TITLE II ACTIONS AND PROCEEDINGS THEREIN
CHAPTER 231 PLEADING AND PRACTICE
Section 85Q Standard of care owed children; maintenance of artificial condition upon land


MA Gen L ch 231 § 85Q What's This?

Section 85Q. Any person who maintains an artificial condition upon his own land shall be liable for physical harm to children trespassing thereon if (a) the place where the condition exists is one upon which the land owner knows or has reason to know that children are likely to trespass, (b) the condition is one of which the land owner knows or has reason to know and which he realizes or should realize will involve an unreasonable risk of death or serious bodily harm to such children, (c) the children because of their youth do not discover the condition or realize the risk involved in intermeddling with it or in coming within the area made dangerous by it, (d) the utility to the land owner of maintaining the condition and the burden of eliminating the danger are slight as compared with the risk to children involved, and (e) the land owner fails to exercise reasonable care to eliminate the danger or otherwise to protect the children.

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