Everyone understands that children are curious about the world around them. We also know that young kids are not capable of making logical and sound decisions about what is considered safe and what is dangerous.
An attractive nuisance is an object or condition on a property that would peak a child’s interest. If your child is injured due to an attractive nuisance, the negligent property owner may be liable under the attractive nuisance doctrine for your kid’s injuries.
The following items are considered attractive nuisances:
- Swimming pools
- Discarded appliances, such as refrigerators, washers, and dryers
- Abandoned automobiles
- Holes in the ground, such as open pits, drainage ditches, and wells
- Jungle gyms and playsets
How Liability is Decided in Attractive Nuisance Cases
In deciding an attractive nuisance case, the court will consider a number of factors related to the child-victim. First, the court will take a look at the injured child’s ability to understand the danger of the attractive nuisance by evaluating the child’s age, intelligence, knowledge, and experience.
Next, the court will assess whether the alleged attractive nuisance was the main reason the child was attracted to the property and whether the attractive nuisance was the cause of the child’s injuries.
Lastly, the court will determine whether the property owner complied with all applicable building and safety measures aimed at protecting third parties.
If your child has been injured on someone else’s property due to an attractive nuisance, you may recover compensation from at the at-fault party. At Pratt Clay, we are committed to helping you and your family obtain the monetary damages and justice you deserve. Our Atlanta premises liability lawyer has a thorough understanding of Florida’s attractive nuisance doctrine and can help you navigate the complexities of the law.
Contact us and request a free consultation.