Under most circumstances, Florida’s premises liability laws seek to protect property owners from lawsuits brought by trespassers on their property, unless the injuries were caused by intentional acts by the property owner. For instance, Florida property owners can’t be held liable for damages to a trespasser who was drunk, under the influence of drugs or committing a felony at the time of their injury or death.
There is one exception to the normal premises liability legal standard. Under Florida law, if a property owner has an object or condition on their property that is considered attractive to children, that owner can be held legally responsible for any injures or deaths to children, related to the object or condition on their property. This legal standard is known as Florida’s Attractive Nuisance Doctrine.
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We believe that the costs associated with hiring a lawyer shouldn’t prevent any premises liability accident victim from obtaining sound legal counsel. Because of this, our law firm handles all premises liability claims on a contingency fee basis. This means there are no out of pocket expenses and you only owe attorney’s fees if we settle your claim or win a favorable verdict in court.
Does the Attractive Nuisance Doctrine Apply?
The following conditions must be met for the Attractive Nuisance Doctrine to apply to a homeowner:
- The property has a condition with the potential for danger.
- The owner created and maintained the potentially dangerous condition.
- The owner knew or should have known that children would be attracted to the condition.
- The owner knew or should have known that children could be harmed by the condition.
- The owner failed to take reasonable steps to remove the condition or protect children from the danger it presented.
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What is Considered an Attractive Nuisance?
Under the Attractive Nuisance Doctrine, children are viewed differently than adults. Unlike adults, young children lack the ability to understand the danger that the object or condition poses to them. Some objects that could be considered dangerous to children and an attractive nuisance might include:
- Refrigerators and Freezers, without doors removed
- Washers and Dryers, without doors removed
- Any other airtight container, without doors removed
- Swimming Pools
- Ponds
- Fountains
- Trampolines
- Playgrounds
- Zip lines
- Treehouses
- Construction
- Ladders
- Firearms
Attractive Nuisance Lawsuits
When faced with an attractive nuisance lawsuit, the court will focus mainly on four factors related to the child’s injury or death.
- Based on age, maturity, intelligence and mental capacity, could the child understand the danger presented by the attractive nuisance?
- Was the attractive nuisance the initial or primary reason that prompted the child to enter the property?
- Was the attractive nuisance responsible for causing the child’s injuries or death?
- Was the property owner in compliance with all building codes or safety regulations, designed to protect third-party visitors on their property?
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There’s a reason that our reputation precedes us: our 25-plus year history in Sarasota has garnered us some of the top reviews in the area, from both peers and clients alike. If you are in need of an experienced law firm, with personalized service and a desire to win your case, we’re here for you. Read on to learn more about the key reasons why the law offices of Lutz, Bobo & Telfair, P.A. are considered one of the premier civil trial law firms in Southwest Florida.
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