Attractive Nuisances and Florida Premises Liability

Premises liability law can be tricky at times. In general, Florida’s premises liability laws do not reward trespassers who are injured on a property and protect property owners from having to pay for their damages. However, when it comes to children there is a caveat to the laws.

Children are not held to the same standard that adults are. Since children are believed to be immature and naive with a lack of understanding concerning various dangers, when they enter into a property that they were not supposed to be on and are injured, a property owner may be liable for their damages. The attractive nuisance doctrine essentially says that if there are conditions on a property that would be attractive to children, extra measures must be taken by the property owner to safeguard children from harm should they enter the property.

Since premises liability laws can be complicated especially when it comes to children who are injured, if you would like help with a premises liability claim in Florida, you can connect with a Tampa child injury attorney at Fulgencio Law.

Premise Liability Laws for Injuries to Children

Many states adhere to an attractive nuisance doctrine, including Florida. Basically, in situations where it can be reasonably expected that young children may be present a property owner must put in place practical measures, that are not an unreasonable burden, as a safeguard.

For example, swimming pools are everywhere in Florida because of the hot to mild weather that the state has most of the year. Swimming pools can be considered an attractive nuisance because it can reasonably be expected that in a neighborhood, for instance, there would be children and they would be drawn to swimming in a pool that they see. Therefore, public and residential pool owner requirements in Florida have been established to protect children.

While pools are one of the most common attractive nuisances, there are several others. Trampolines and unattended power tools can also be attractive nuisances. So can discarded items like refrigerators, iceboxes, washers, dryers, or any type of airtight container where the doors are intact.

If you are unsure if something on your property can be considered an attractive nuisance, consider the following:

• There is a condition or instrument on your property that could harm a child that comes into contact with it.
• The instrument or condition could entice a child to come into contact with it.
• A child that would be attracted to the condition or instrument would come into contact with it without any understanding of the potential danger to their health and wellbeing.
• The instrument or condition had no safeguards or was left exposed in a location where young children would be near.
• The burden for a property owner to reduce the risk to children was nominal.

Call Fulgencio Law Today

If your child was hurt on another entity’s property in Florida you may be wondering what your options are to recover compensation for their harm. An attorney at Fulgencio Law can speak with you about your situation. Please call (813) 463-0123 to schedule a free consultation.