Question Presented
Under Massachusetts law, does Richard Melville a twelve-year-old boy, non-tenant of 666 Elm Street, a building owned by C.D. Management Corporation (“C.D Management”), assaulted in their basement, fall within the category of people that C.D. Management owes a duty of reasonable care?
Brief Answer
No, he does not. The rule in Massachusetts is that landowners owe a duty of reasonable care to those that are lawfully on their property. There are exceptions to this rule when the landowner knows of a trapped trespasser or when it is reasonably foreseeable that a child may trespass. Richard Melville does not fall into either of these exceptions.
Statement of Facts
On November 1, 2014 Richard Melville, was riding the school
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Ellard, “A common duty of reasonable care which the occupier owes to all lawful visitors.” Mounsey, 363 Mass. 693, 707 (1973). A police officer slipped and fell on ice that had accumulated on the defendant’s property after delivering a criminal summons. Prior to this case there had been three classifications of visitors, invitee, licensee, and trespasser. After this the case there were only two classifications, lawful and unlawful. Based on our facts Richard Melville was not a lawful visitor, no one invited him into 666 Elm St. nor was he on any official business, therefore he is considered unlawful and not owed the same duty of care as a lawful …show more content…
“There is a common law duty of reasonable care by a landowner or occupier to prevent harm to foreseeable child trespassers.” Soule, 378 Mass. 177, 182 (1979). In Soule, an eight-year-old was electrocuted when he climbed an electric company’s tower. Hunters and children commonly used this tower. These facts are not similar to ours. C.D. Management had no reason to foresee that children would trespass in their basement laundry room. They had coin-operated laundry machines in their basement. C.D. Management could reasonably foresee that someone wanting to do their laundry would trespass in their basement, but Richard Melville was not in their basement to do his laundry. Since C.D. Management could not foresee Richard Melville trespassing, they do not owe him a duty of reasonable care. Massachusetts General Law Chapter 231 Section 85Q says that a landowner may be liable for physical harm suffered by child trespassers on their land. If all of the criteria are met then this is true. Condition ‘A’ states, “The place where the condition exists is one upon which the landowner knows or has reason to know that children are likely to trespass.” Mass. Gen. Laws ch. 231 § 85Q. As stated earlier C.D. Management could not foresee Richard Melville trespassing on their property. Therefore the statute does not apply to Richard
Across California and beyond, normal standards of fairness and reasoned skepticism were routinely thrown to the wind, with news gatherers scrambling to outdo one another in finding purported examples of monstrous behavior” (Haberman 7). With this pack mentality taking effect after the McMartin case it led to mass hysteria taking set in the minds of Americans. This is much like what was seen during the Salem Witch Trials simply because how easily this pack mentality took effect on people’s minds. Parents feared for their children even when they were not involved in the case simply because the parent's who were involved were fearful. This led to a mass child care scare which in the end led to many child care workers losing their customers and even their jobs.
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“The Overprotected Kid” seems to be written to an audience of new parents or parents dealing with teenagers. However, both looking for instructions on how to properly raise their children. At the start of the article, Rosin describes the setting of young kids playing at “The Land” and how this particular playground was made not just for entertainment, but for the overall development of a child. By lessing parental supervisors and increasing the freedom to learn in an environment, the kids can shape and mold it to be whatever they need while allowing the children to assimilate risks
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