The Attractive Nuisance Doctrine protects a child who wanders or trespasses onto another’s property and is injured by a dangerous condition. Attractive nuisance is a negligence action, based on a land owner’s premise liability and to protect children from unreasonable risk of harm.
Generally, a land owner may be responsible for a child trespasser’s injuries if:
- The property owner knows or has reason to know that the place where a dangerous condition exists is one where a child may trespass;
- The dangerous condition is known to or should be known to cause unreasonable risk of harm to a child;
- The child, because of their young age, does not realize the risk involved with the dangerous condition;
- The burden of eliminating the danger is less than the risk posed to a child; and
- The property owner fails to act with reasonable care to remove the danger or protect the child from the risk of danger.
Additionally, the dangerous condition must be one that is man-made, like a pool or hot tub, and constitutes an attractive “trap” for a child. Land owners near a playground, residential area, school, or other populated area where children frequent may have a greater duty to eliminate dangers. It’s important to know that a natural body of water, like a lake, stream, or pond may not be an attractive nuisance, so make sure to protect children.
41 Fla. Jur 2d Premises Liability §§ 66-77.
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I am local accident attorney Jeffrey Meldon and I strongly believe that public education is the first step in the prevention of and/or recovery from a serious accident. My office and I take pride in our work, and the results we get for our clients.
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