When a person sustains injuries on another’s property in Florida, that person usually has the right to recover damages from the property owner under premises liability laws, unless that person was a trespasser. However, in the event that the injured party is a child, the attractive nuisance law may apply, and the property owner may be held liable despite the child’s status as a trespasser.
What is the attractive nuisance doctrine?
The attractive nuisance doctrine states that a property owner may be liable for a trespassing child’s injuries in the event that the child was attracted onto the property by an object that was attractive to her. Because of the child’s age and her inability to understand the danger of the attractive object, a property owner may be held liable for the child’s injuries.
What items are typically considered to be attractive nuisances?
There is no specific list of items that are considered attractive nuisances. Broadly speaking, an attractive nuisance may be anything that would attract the average child onto the property. Common examples of attractive nuisances are listed below.
- Swimming pools
- Ponds and fountains
- Ice boxes, refrigerators, chest freezers, or washers/dryers
- Abandoned vehicles
Filing a Claim under the Attractive Nuisance Law
If your child has been injured on another person’s property, you may have a claim against the property owner. In order to recover damages on your child’s behalf, you will have to prove that:
- The property owner knew that there was an attractive nuisance—and potentially dangerous condition—on his or her property.
- The property owner could have reasonably assumed that the condition/object would be attractive to and dangerous for a child.
- The property owner failed to correct the dangerous condition or take action to prevent children from entering (i.e. put up a fence).
- The child was unaware of the dangers of entering the property
- The dangerous condition was enticing to the child, leading her onto the property and subsequently leading to injuries.
How a Premises Liability Attorney Can Help
Understanding the doctrine of attractive nuisance and proving the criteria above can be complex. If your child has been injured, do not wait to take action to reach out to an attorney. At the Montero Law Center, we are ready to represent your family today. Fill out an online consultation form, or call us at 954-767-6500.