Premises Liability and the Law of Attractive Nuisances

Premises Liability and the Law of Attractive Nuisances

Posted By Maher Law Firm || 16-Aug-2017

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 been removed
  • Residential swimming pools and hot tubs
  • Fountains and water features
  • Trampolines
  • 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.

Schedule a free, confidential case evaluation to learn more. Contact our offices online, or dial (855) 338-0720.

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