Children are naturally curious—and sometimes that curiosity leads them into dangerous situations. In the eyes of the law, property owners have a special responsibility when it comes to protecting children from hazards on their land. That’s where the attractive nuisance doctrine comes in.

If a child is injured on someone else’s property by something that’s dangerous but enticing—like a swimming pool, abandoned machinery, or even a large trampoline—the property owner might be held responsible, even if the child was trespassing. In Massachusetts, this legal principle exists to ensure that landowners take reasonable steps to keep children safe from foreseeable harm.

Continue reading for a breakdown of what the attractive nuisance doctrine means, how it works in Massachusetts, and what you can do if your child has been hurt on someone else’s property.

Consult an experienced MA personal injury attorney if you find yourself in this situation.

Understanding the Attractive Nuisance Doctrine

The attractive nuisance doctrine holds property owners liable for injuries to children when dangerous conditions or objects on their property that are likely to attract kids are attributed to the injury.

Unlike general premises liability law, which typically protects adult trespassers only in limited circumstances, the attractive nuisance doctrine creates a higher duty of care when children are involved.

Common Examples of Attractive Nuisances:

• Swimming pools without proper fencing
• Abandoned vehicles or equipment
• Construction sites
• Old appliances left in yards
• Treehouses or large play structures in disrepair
• Open pits or wells

The idea is that children may not fully understand the risks posed by these hazards, so the burden falls on the property owner to secure them.

How Massachusetts Applies the Attractive Nuisance Doctrine

Massachusetts recognizes the principles behind the attractive nuisance doctrine, though it doesn’t always refer to it by name in statutes. Instead, it’s handled under the broader umbrella of premises liability law and case law precedent.

To bring a successful attractive nuisance claim in Massachusetts, a plaintiff generally needs to show:

1. The landowner knew (or should have known) that children were likely to trespass in the area.
2. The condition posed an unreasonable risk of serious harm to children.
3. Children wouldn’t understand the risk because of their age or inexperience.
4. The landowner failed to take reasonable steps to eliminate the danger or protect children from it.

Property owners aren’t expected to childproof their property entirely, but if there’s a hazard that clearly poses a danger to kids—and it’s something a child is likely to find irresistible—the owner has a legal duty to act.

Age Matters

The age and mental capacity of the child play a big role in these cases. Massachusetts courts often consider whether a child could reasonably be expected to understand the danger.

For example, a 5-year-old might not recognize the risk posed by an uncovered pool or rusted swing set. But a 14-year-old might be expected to know better, which could affect the outcome of a case.

What Constitutes Reasonable Steps?

Whether or not a property owner took “reasonable steps” to prevent harm depends on the circumstances. Here are some examples of what courts may view as reasonable:

• Installing a fence and locking gate around a pool
• Removing old, broken playground equipment
• Posting warning signs and securing access to construction zones
• Locking sheds or garages containing hazardous tools or chemicals

The key is whether the landowner took steps that a reasonable person would consider sufficient to prevent foreseeable injuries.

Compensation in Attractive Nuisance Cases

If your child is injured due to a dangerous condition that qualifies as an attractive nuisance, you may be entitled to compensation for:

• Medical bills
• Pain and suffering
• Future medical treatment or therapy
• Loss of quality of life

In severe cases involving permanent injury or disfigurement, compensation may also include long-term care costs or emotional damages.

Call Brandon J. Broderick For Legal Help

When a child is hurt because a property owner failed to secure a dangerous condition, families deserve answers—and accountability. At Brandon J. Broderick, Attorney at Law, we understand how devastating these accidents can be and how complex the legal system is when children are involved.

Our team has experience handling personal injury cases involving premises liability and attractive nuisances. We’ll investigate the circumstances, determine whether the property owner met their legal responsibilities, and help you pursue the compensation your child deserves.

Contact us today for a free consultation.