Children have natural curiosities. Accordingly, they want to explore and inquire about things which appear interesting to them. An attractive nuisance presents a child this opportunity. Because, such a property or condition seemingly invites a child yet presents a serious danger to them. This is common throughout Southwest Florida—Fort Myers, Cape Coral, Sanibel, Captiva, Bonita Springs, Estero, Naples, Lehigh Acres, Fort Myers Beach, Marco Island, Punta Gorda, and Port Charlotte.
Attractive Nuisance Liability Claims
Children are subject to special rules in premises liability claims. A property owner owes certain obligations to people who enters its premises. However, these duties vary depending upon a person’s status, e.g. customer, guest, or trespasser.
An adult trespasser by definition is not authorized to be on property. Accordingly, a property owner generally owes them no duty for safety. But, a child trespasser receives different treatment. If we can prove a child enters property because attractive nuisance exists, then a property owner may still be liable for all damages.
Accordingly, Florida’s attractive nuisance doctrine creates opportunity for your child’s compensation while others cannot recover.
Attractive Nuisance Examples
For example, a property owner, manager, or tenant must give special warnings if he or she knows (or reasonably should know) children are likely to come onto dangerous property because an attractive nuisance exists. Moreover, we must prove a dangerous condition will likely cause serious bodily injury or wrongful death.
Therefore, an owner needs to take action to protect against dangerous conditions creating an attractive nuisance to children. So, what attracts children? Property features, or objects thereon, which stir a child’s imagination or desire to explore. Especially relevant examples include construction sites, swimming pools, and faulty or defective playground equipment.
A construction site is a prime example. While a house is under construction in residential neighborhood, children may want to explore. Accordingly, a builder builder should reasonably expect children to come and explore as kids do. Therefore, dangerous equipment and tools should be not be present or be inaccessible during non-working hours. Moreover, machinery or tools must be disabled so children cannot use them.
Children receive special treatment under Florida because they do not perceive dangers. Dangerous items are attractive nuisance dangers enticing children. And, unfortunately, consequences are disastrous.
Seeking Compensation in Southwest Florida Attractive Nuisance Claims
Attractive nuisance claims present our worst fears. Your child is inquisitive, and sees something stoking his or her curiosity. Moreover, your child doesn’t understand dangers this property or item presents. Furthermore, serious injuries or worse result.
Your world is upside down and spinning. As a Fort Myers child injury lawyer and father, I get it. Confusion, fear, and anguish are disrupting your ability to move forward. Instead, focus on your child and family. I’ll work in fighting for compensation your child needs for advanced medical care and future needs.
I’m here for your family in this challenging time. Moreover, I’m here to do what’s right and pursue justice. You don’t owe me fees unless we win, so there are no upfront expenses.
And, your first consultation is completely free, personal, and compassionate. Let’s talk about how I may help you.