When you purchase a home, you understand the importance of keeping your property free of hazards. From installing a fence around your swimming pool to ensuring any heavy machinery you may use is locked away, it’s important to limit the risks on your premises. However, if someone in your neighborhood does not take the same precautions, your child could end up injured as a result. If your little one is hurt because of someone’s failure to remedy an attractive nuisance on their property, you’ll want to keep reading. The following blog explores what you should know about these matters and how an Orange County injury lawyer can assist you in fighting for justice.
What Is an Attractive Nuisance?
In Florida, an attractive nuisance is any fixture on a property that could appear inviting to children when it could actually cause considerable harm. Unfortunately, this is a broad term, as there are many examples of potential hazards for children on properties. Examples include, but are not limited to:
- Swimming pools
- Treehouses
- Wells
- Abandoned vehicles
- Construction equipement
- Old appliances
- Trampolines
- Manmade ponds
- Water fountains
Despite the fact that property owners do not owe a duty of care to trespassers, children are different under the law. This is because children are naturally curious and may not understand the dangers associated with these hazards, As such, they may be attracted to a fixture on the property that is inherently dangerous. It is the property owner’s responsibility to make sure these nuisances are taken care of.
How Can I Hold a Property Owner Liable if My Child is Hurt?
If your child was hurt on someone else’s property because they failed to ensure that these hazards are remedied, it’s imperative to understand that you can pursue legal action against the property owner.
Essentially, property owners must act under the assumption that a child could get on their property and sustain injuries. As such, they must be able to recognize attractive nuisances and take the necessary steps to prevent injuries from occurring.
However, you’ll still need to establish that your child’s age and naivety were a contributing factor in the incident. If you can prove that your child did not understand the risks associated with accessing the attractive nuisance. In addition, you must also show that the property owner should have understood the risks the nuisance on their property could have posed to your child.
When your child is hurt, it can be overwhelming. As such, it’s in your best interest to connect with an experienced attorney from Tropical Injury Law Firm to help guide you through these complicated legal matters. This doctrine can be incredibly complex, so letting our team handle these issues so you can focus on helping your child through these times is critical. Connect with us today to learn more.
