An attractive nuisance under Florida law is a condition on someone's property that is likely to attract children and pose a risk of harm to them. For example, a swimming pool, trampoline, or abandoned well could be considered an attractive nuisance.
In Florida, the attractive nuisance doctrine imposes a duty on property owners to take reasonable steps to prevent children from being harmed by attractive nuisances on their property. If a child is injured on someone's property due to an attractive nuisance, the property owner may be liable for the child's injuries. To recover damages, the child's parents or guardians must prove that the property owner knew or should have known about the attractive nuisance and failed to take reasonable steps to prevent harm to children.
It is important to note that the doctrine of attractive nuisance is not recognized in every state and the specific requirements and criteria vary by jurisdiction. If you have questions about attractive nuisances and liability in Florida, it is best to consult with a qualified Florida personal injury attorney.
We offer free legal consultations, and we’re happy to give you a free consultation and talk more with you about your child’s injuries. All you have to do to schedule your consultation is call us at (321) 352-7588, or you can contact us on our website. Now, let’s talk more about attractive nuisance law in Florida.
How Do You Determine Liability Based on Attractive Nuisance Doctrine in Florida?
In Florida, liability based on the attractive nuisance doctrine can be determined by weighing the following factors:
- The property owner's knowledge of the attractive nuisance: If the property owner was aware of the attractive nuisance and its potential danger to children, they may be held liable for any injuries that result.
- The foreseeability of harm: If it was foreseeable that children would be attracted to the attractive nuisance and be at risk of harm, the property owner may be held liable for any injuries that result.
- The feasibility of remedying the situation: If it was feasible for the property owner to take steps to eliminate the attractive nuisance or prevent access to it, they may be held liable for any injuries that result.
- The extent of the risk: The greater the risk posed by the attractive nuisance, the more likely the property owner will be held liable for any injuries that result.
What is an Example of an Attractive Nuisance?
An example of an attractive nuisance in Florida is an abandoned well or an unsecured swimming pool. These types of hazards are likely to attract children and pose a risk of harm to them. For example, a child might fall into an abandoned well or drown in an unsecured swimming pool. In such cases, the property owner may be liable for the child's injuries if they knew or should have known about the hazard and failed to take reasonable steps to prevent harm to children.
Other examples of attractive nuisances in Florida may include the following:
- An unsecured trampoline;
- A large pile of construction materials;
- A neglected, overgrown property with large bushes or trees;
- A pond or lake that is not properly secured or fenced; or
- An animal enclosure that is not properly secured or fenced.
It is important to note that the doctrine of attractive nuisance is not recognized in every state and the specific requirements and criteria vary by jurisdiction. If you have questions about attractive nuisances and liability in Florida, it is best to consult with a qualified attorney.
Contact an Experienced Florida Injury Lawyer for Your FREE Legal Consultation
If your child has suffered an injury as a result of an attractive nuisance on the property of a person or business, you should speak with an experienced Florida personal injury lawyer as soon as possible because you may be entitled to compensation. You can contact us online or you can call our downtown Orlando, Florida law office at (321) 352-7588 to schedule your consultation.
If you need a South Carolina personal injury lawyer, please don’t hesitate to reach out to us at (843) 638-6590. We have at least one lawyer licensed in Florida, Georgia, South Carolina, and North Carolina. Thus, if you’ve been injured in one of these states, we may be able to help. Please don’t hesitate to give us a call if you need us.