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My Child Was Injured by an ‘Attractive Nuisance’ — What Can I Do?

Danger seems to attract children. For example, kids love trampolines, but they cause about 100,000 injuries each year. When a child is injured by a dangerous object or condition on another person’s property, a lawsuit often ensues. In Florida, property owners may be liable for the injuries of a trespassing child if the child was lured to the danger by an “attractive nuisance.”

Attractive nuisance factors

The court evaluates the following factors to determine whether a property owner is liable for a trespassing child’s injuries based on the doctrine of attractive nuisance:

  • Whether the dangerous instrumentality attracted the child onto the property
  • Whether the dangerous instrumentality was in an area where the property owner knew or should have known that children were likely to trespass
  • Whether the dangerous instrumentality posed an unreasonable risk of serious injury or death that the property owner knew or should have known about
  • Whether the child was mature enough to appreciate the danger of the instrumentality
  • Whether the benefit to the property owner outweighed the potential danger
  • Whether the property owner took reasonable steps to protect the child or remove the danger

Potential attractive nuisances

Any number of objects or conditions may be considered attractive nuisances, including:

  • Swimming pools
  • Trampolines
  • Farm equipment
  • Construction equipment
  • Discarded or abandoned household appliances

Possible damages in a lawsuit

After an injury caused by an attractive nuisance, the child may have a claim against the property owner for such damages as:

  • Medical expenses
  • Rehabilitation expenses
  • Pain and suffering

If your child was injured on someone else’s property, an attractive nuisance may be to blame. Contact an experienced Fort Lauderdale premises liability attorney today to discuss your legal options.

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