Submitted by nodito on Thu, 06/30/2011 - 14:28
We recently purchased a home on a public lake. Recently several neighborhood kids asked if they could go swimming in our backyard. I said no, thinking of the liability, but I have started wondering what the implications are of MA's premises liability laws. For example, could I be held responsible if a kid snuck onto my property to go swimming? What is required of lake front property owners in terms of maintenance and eliminating hazards? Are we required to clear the dead leaves out of the beach area, for example? Is mere access to the water (i.e., with no fence) considered a hazard?
Premises liability for property owner
Congratulations on the new house. I think you need to do what any other home owner does: keep your property free of dangerous conditions and make sure you have home owner's insurance. I agree with your decision to discourage kids from swimming from your yard or off your waterfront structures, such as docks, but you can't build a fence around the lake. You may have read it already, but this post deals with premises liability in Massachusetts.