Unsafe Premises and Attractive Nuisance Injury Lawyer
Children are innately curious and lack the reasoning capabilities to recognize dangers. It is the responsibility of adults to ensure that children are not accidentally injured by removing obvious dangers. This is not just the responsibility of parents but of any property owners. If your child was injured due to unsafe hazards, the owner of the property may be liable for their injuries under premises liability and attractive nuisance laws. Call the unsafe premises and attractive nuisance injury lawyers at Ligori & Ligori in Florida today to discuss your case.
Premises liability laws make a property owner responsible for maintaining a safe property. If someone allowed on their property is injured, including a child, the property owner may be financially liable if there are unsafe conditions. This can be a residential or commercial property. A child who falls in a trench or hole in a yard or burns themselves at a restaurant buffet, may have their injuries covered by premises liability laws.
What Is an Attractive Nuisance?
Unlike general premises liability laws, attractive nuisance clauses for property liability apply specifically to children. An attractive nuisance is an unsafe item that is attractive to children, posing a risk to their well-being.
For example, children are intrigued by swimming pools or swing sets that may be in a neighbor’s yard, yet these items could be unsafe. If there is no fence or deterrent to stop a child from going into the pool or playing on an unsafe swing set, and an injury occurs, the property owner may be responsible for the injury. Even though the child was trespassing and not invited on the property, under the attractive nuisance exception, the property owner may be considered liable for not actively preventing an injury to a child.
FAQ: Attractive Nuisance Clauses and Property Liability
What is an attractive nuisance?
An attractive nuisance is a legal concept that refers to any potentially hazardous condition or object on a property that is likely to attract children despite its dangerous nature. Examples include swimming pools, trampolines, construction sites and abandoned vehicles.
What is an attractive nuisance clause?
An attractive nuisance clause is a provision in property liability law that holds property owners responsible for injuries sustained by children attracted to and subsequently harmed by hazardous conditions or objects on the property, regardless of whether the children were invited or trespassed.
Am I liable if a child is injured on my property due to an attractive nuisance?
In many jurisdictions, property owners can be held liable for injuries sustained by children on their property due to attractive nuisances, even if the children were trespassing at the time of the incident. Property owners are expected to take reasonable precautions to prevent harm to children attracted to dangerous conditions or objects.
What are the elements of an attractive nuisance claim?
To establish liability under the attractive nuisance doctrine, several elements must typically be met:
- The property owner must have known or reasonably should have known that the condition or object posed a danger to children.
- The condition or object must be likely to attract children due to its inherent appeal or curiosity.
- The property owner failed to take reasonable steps to prevent children from accessing the dangerous condition or object.
- The child’s injury was a foreseeable consequence of the property owner’s negligence.
If you have a child that was injured on someone else’s property due to unsafe conditions, contact our team at Ligori & Ligori Attorneys at Law. In many cases, the property owner may be liable for the injuries. You may be able to make a premises liability claim against them or their insurance company. Call us to schedule a free consultation at our office in Tampa, Orlando, Ocala, Lakeland or Key West.