Children are naturally curious, often exploring their surroundings without fully understanding the dangers around them. When property owners fail to secure hazards or warn of risks, a child can be seriously injured. These cases, known as premises liability or attractive nuisance claims, focus on the duty of property owners to maintain safe conditions and protect vulnerable visitors—especially children.
At Ligori & Ligori, Injury Lawyers, we represent families throughout Tampa and across Florida when children are harmed by unsafe premises or attractive nuisances. With offices in Tampa, Orlando, Ocala, Lakeside, and Key West, we make legal counsel accessible statewide. Our firm has earned the AV Preeminent® Rating from Martindale-Hubbell, recognition in Super Lawyers and Best Lawyers, and membership in the Multi-Million Dollar Advocates Forum. Families can trust that their case will be handled with professionalism, compassion, and a commitment to protecting children’s futures.
What Is an Attractive Nuisance?
An attractive nuisance is a condition on a property that is likely to draw children in but presents a hidden danger. Because children cannot always recognize risks, the law places a higher responsibility on property owners to secure or eliminate these hazards. Examples include swimming pools, trampolines, abandoned vehicles, construction sites, old appliances, or unsecured machinery.
Florida law recognizes the attractive nuisance doctrine, meaning property owners may be liable for injuries when:
- A hazardous condition is likely to attract children
- The owner knows or should know the danger exists
- The child is too young to recognize the risk
- The cost of fixing or securing the danger is small compared to the potential harm
- The owner failed to take reasonable steps to prevent access or reduce the danger
Unsafe Premises and Liability
Even beyond attractive nuisances, property owners must maintain reasonably safe conditions for children and visitors. Unsafe premises may include broken stairs, poorly lit areas, slippery surfaces, unfenced ponds, or neglected playground equipment. When owners ignore repairs, fail to warn of hazards, or neglect basic maintenance, children can suffer preventable injuries.
Florida Injury Context
Florida’s high number of pools, playgrounds, and year-round outdoor activities make attractive nuisance cases especially relevant. The state consistently ranks among the highest for drowning deaths in children under age five, and playground accidents are a common source of emergency room visits. Because children are naturally drawn to water, construction zones, or unsecured recreational areas, property owners must be proactive in addressing risks.
Common Injuries from Unsafe Premises or Attractive Nuisances
The injuries children may suffer in these cases are often severe and long-lasting. They include:
- Drownings or near-drownings at unfenced pools or ponds
- Fractures, sprains, and broken bones from playground equipment falls
- Traumatic brain injuries from falls or impacts
- Burns or electrocution from exposed wires or equipment
- Lacerations, scarring, or internal injuries from sharp objects or unsafe machinery
- Emotional trauma, including post-traumatic stress, from frightening accidents
Because of their young age, children may need years of treatment or therapy to recover, making these cases especially significant for families.
