The Attractive Nuisance Doctrine

Under Florida law, property owners are usually only responsible for injuries suffered by trespassers if those injuries were deliberately inflicted. However, this is not necessarily a fair standard in every case. Small children are notoriously curious, and they cannot always understand the importance of property lines or the dangers of playing where they have not been invited.

To address this concern, our state has a legal policy known as the Attractive Nuisance Doctrine. This is a law that holds landowners responsible for dangerous items on their property that may be attractive to children. When adults fail to take reasonable measures to keep children away from dangers on their property, they can be liable for any harm that results.

If your child has been hurt by unguarded and dangerous property, you may have grounds for a claim. Call the Tampa attractive nuisance attorneys of Beltz & Ruth, P.A. at 1-800-235-8978.

Building an Attractive Nuisance Case

An attractive nuisance is any condition or item that would appeal to small children, but is also very dangerous to them. Examples include creeks, trampolines, swimming pools, and heavy machinery. The law also specifically states that refrigerators, clothes washers, and dryers left outside must have their doors removed, or they are attractive nuisances.

If your child has been injured by an attractive nuisance like these, you may be able to win compensation if the following also apply:

• The property owner should have known that children were likely to trespass on the property.
• He or she realized – or should have – that the nuisance posed a significant threat to children.
• He or she failed to block off the nuisance from children. (A fence is usually sufficient.)
• The child was too young to appreciate the property’s dangers.

There is no maximum age for an attractive nuisance claim. Instead, a judge decides this on a case-by-case basis by evaluating each child’s overall intelligence and maturity. If the judge determines that all of the above apply to a particular accident, the child could receive compensation for medical expenses, pain and suffering, and other losses.

Contact a Tampa Child Injury Lawyer

If your child has been harmed by a negligent party, we believe that your family deserves fair compensation. To learn more, contact the Tampa attractive nuisance attorneys of Beltz & Ruth, P.A. at 1-800-235-8978.