Legal Question in Personal Injury in Massachusetts
There is about a one-acre tract of woods between my house and my neighbor's house. I own half the woods; the neighbor owns the other half. Recently, children have begun to play in the woods and I have told them to leave. Now it seems my neighbor has given permission for children to play in his portion of the woods.
The privacy of the woods was a very large factor in my decision to buy my house and, since it's unlikely children are going to remember or care where my neighbor's woods end and my woods begin, I envision either living next to a playground or spending my days shooing children out of my woods. A fence is not an option and I certainly don't want to start posting "No Trespassing" signs.
My questions are about the responsibility of property owners in this situation for any injuries that might be sustained by children while playing in the woods. (There are lots of standing trees there, lots of fallen trees, lots of holes left by fallen trees, maybe poison ivy/oak/sumac, maybe ticks that spread Lyme disease, maybe even snakes. Given enough time, children can be counted on to find each and every one of whatever hazards are lurking in there.)
(1) would woods ever be considered "attractive nuisances" and would owners be considered responsible for any injuries that might occur even though children (or others) were trespassing?
(2) if children/others accidentally or purposely extended their play area into my woods, would I be responsible if any injuries occurred in my woods either because I did not put up signs or fencing or go out every day and inform each person in the woods that my woods were off limits to the general public?
(3) Isn't my neighbor opening himself up to being responsible for any injuries that might occur in his woods by giving permission for children to play there? Isn't that the same as inviting people into your home and being responsible for their safety while they're there?
Thank you in advance for any information you provide. This is a great service!
1 Answer from Attorneys
These are all great questions but I must be missing something. Have you not bought homeowner's insurance. Have you decided to not insure this and take on the role of loss control analyst or risk manager for your property? I would just buy insurance and forget it, myself. Children get all kinds of breaks. They can trespass, get injured and sue. I would urge you to give great consideration to buy insurance and then give your curiosity a rest. The woods can certainly be an attractive nuisance under the MA statute, and latent dangers are certainly contained in the woods. Best luck to you.
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