Feinstein v. Beers

“Whether a defendant has a duty of care to the plaintiff in the circumstances is a question of law for the court, to be determined by reference to existing social values and customs and appropriate social policy.” O’Sullivan v. Shaw, 431 Mass. 201, 203 (2000). “As a general rule, a landowner does not owe a duty to take affirmative steps to protect against dangerous or unlawful acts of third persons.” Luoni v. Berube, 431 Mass. 729, 731 (2000). See Dhimos v. Cormier, 400 Mass. 504, 506-507 (1987); Anthony H. v. John G., 415 Mass. 196, 200 (1993).

This is not a case where entry was made through…