Florida, like many states, has taken steps to create laws that protect
children. One of these laws is the attractive nuisance doctrine, which
can make property owners liable for any injuries a child sustains on their
property due to “attractive nuisances.” Because young children
cannot recognize the hazard of dangerous objects the way an adult can,
the attractive nuisance doctrine can hold property owners responsible
to remove these hazards.
What Is an Attractive Nuisance?
Florida Statute 823.08 identifies a number of hazardous objects and conditions
that are considered attractive nuisances, including:
- Abandoned iceboxes, refrigerators, deep-freeze lockers, clothes washers,
clothes dryers, and other airtight units from which the doors have not
Residential swimming pools and hot tubs
- Fountains and water features
- Abandoned vehicles
- Lawnmowers or power tools left out in the open
When Does the Attractive Nuisance Doctrine Apply to a Case?
If a property owner is to be held liable under the attractive nuisance
doctrine, it must be proved that the law applies to the case. Several
factors are considered to determine if these statues are applicable, including:
- Whether the property owner was aware of the condition and knew or should
have known that the condition was likely to cause injury to children who
came into contact with it.
- Whether the hazardous condition was located somewhere the property owner
knew or could reasonably assume would be attractive to a child.
- Whether the burden of eliminating the risk was slight compared to the potential
risk it posed to a child.
- Whether the property owner took reasonable steps to protect children by
securing the hazard or removing it.
Was Your Child Injured? Contact Our Orlando Premises Liability Lawyers
- (855) 338-0720
Children are natural explorers who may not recognize the danger of a particular
situation. If your child was injured by a hazardous condition on someone
else’s property, you may be able to file a claim. Our Orlando
premises liability attorneys are highly skilled and can help you determine whether you have
a case, and what your next steps should be.
The Maher Law Firm has handled thousands of injury cases, so you can trust that we will have
the experience you need to fight for your rights.
free, confidential case evaluation to learn more.
Contact our offices online, or dial (855) 338-0720.