Here are some tragic, real-life examples of attractive nuisances. As an accident attorney in north central Florida, I hope we can learn from these situations and work together to eliminate attractive nuisance risks to children.
- A child fell into a pool and died when the homeowner left the fence around the pool open, and the child wandered into the yard, enticed by the sound of water running into the pool from a hose. (Samson v. O’Hara, 239 So. 2d 151 (Fla. Dist. Ct. App. 2d Dist. 1970)).
- A child fell from a tree in a public park onto a bench below. The city knew that children sometimes climbed the tree, and that if a fall occurred, a child could be injured by the bench. (Cusick ex rel. Cusick v. City of Neptune Beach, 765 So. 2d 175 (Fla. Dist. Ct. App. 1st Dist. 2000)).
- A child died at a construction site when playing with a giant mound of sand, palmetto leaves, and grass. The construction company could have easily moved the large mound or arranged it into smaller piles, which would have been less likely to attract children. (Ridgewood Groves, Inc. v. Dowell, 189 So. 2d 188 (Fla. Dist. Ct. App. 2d Dist. 1966)).
- A child died when swimming in a man-made pit filled with water, where children were known to swim. The pit was equipped with a wooden dock and raft. (Ansin v. Thurston, 98 So. 2d 87 (Fla. Dist. Ct. App. 3d Dist. 1957)).
41 Fla. Jur 2d Premises Liability §§ 66-77.
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