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 accidently injured by removing obvious dangers. This is not just the responsibility of parents but of any property owners. When a child is injured due to unsafe hazards, the owner of the property may be liable for their injuries under premises liability and attractive nuisance laws.
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.
If you have a child that was injured on someone else’s property due to unsafe conditions, contact our team at Ligori & Sanders 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.