Jackson v. Leary

Plaintiff, R. Scott Jackson, sued the defendants, Daniel and Alice Leary, in tort for injuries the plaintiffs son sustained upon riding his bicycle off of the defendants’ elevated loading dock. The plaintiff alleges that the defendants owed the plaintiffs son a duty of reasonable care pursuant to the Massachusetts statutory version of the “attractive nuisance” doctrine, commonly called the “child trespasser” statute, and that the defendants breached this duty by failing to block access to or from the elevated end of the loading dock. Alternatively, the plaintiff argues that the defendants’…