813.221.5000 [email protected]

PREMISES LIABILITY

ATTRACTIVE NUISANCE

Generally speaking, an attractive nuisance is a dangerous object, structure, or condition that is irresistibly inviting to children. In Florida, the law makes a distinction between an invitee and a trespasser. Landowners can be liable for injuries to an invitee by showing simple negligence while a trespasser can only recover upon a showing of gross negligence. A child can become an “implied invitee” if the child is “allured” to the premises. In short, a landowner can be held liable if the landowner knows that children are likely to trespass on the property, the condition has the potential to cause death or serious bodily injury, the children involved are too young to appreciate the dangers, the benefit of maintaining the condition is minimal compared with the risk to children, and the landowner fails to take reasonable measures to eliminate the danger posed by the condition. Some common dangers in Florida are railroads, pools, construction sites, power lines and high voltage towers (and cell towers), farm equipment, sewers, and outdoor playsets including trampolines, ramps, jungle gyms, and tree houses. If you have an injured child by what you believe to be an attractive nuisance, please contact us for a FREE CONSULTATION at 813.221.5000.

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