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Free Consultation: 941-524-1272

Attractive Nuisance Doctrine Cases

In most cases, Florida property owners are protected from liability if someone trespasses on their property and is injured or killed, particularly if that trespasser was under the influence of alcohol or drugs or was committing a felony at the time of their injury or death. There is one exception to this law which can be an issue for homeowners. If a property owner has an object or condition on their property which is considered attractive to children, and a child is injured or killed as a result, the homeowner can be liable for that injury or death. This is known as the Florida Attractive Nuisance Doctrine.

The Attractive Nuisance Doctrine applies to a condition if:

  • The homeowner has a condition with a potential for danger
  • The homeowner created and maintains the potentially dangerous condition
  • It is known or reasonably understood that the homeowner knew children would be attracted to the potentially dangerous condition
  • It is also known or reasonably understood that children could be harmed by the condition
  • The homeowner has not taken steps to remove the unsafe condition or protect children from it

If your child has been injured or killed by a potentially dangerous condition in your neighborhood or elsewhere, contact Dino Law today to discuss your legal options.