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Children and Attractive Nuisances

Children love to explore the world around them. When they see something of interest to them, they may want to get a closer look to investigate it, touch it, or play with it. When they do this under the watchful eye of an adult, this is an age-appropriate and fun activity. Sometimes, though, a child may be enticed by seeing something at a neighbor’s home and come over to try it out without their parent’s or the neighbor’s knowledge. If your child does this and hurts themselves, you may be able to hold the property owner liable under Florida’s Attractive Nuisance doctrine.

Generally, if someone enters another person’s property without permission, that is considered trespassing and is a crime. However, an exception to this is if the trespasser is a young child. If the child enters the property because they are attracted to something on the neighbor’s property, the property owner may be held responsible if the item they are drawn to can be classified as an “attractive nuisance”. The items the doctrine specifically mentions as attractive nuisances include “abandoned or discarded iceboxes, refrigerators, deep-freeze lockers, clothes washers, clothes dryers, or similar airtight units from which the doors have not been removed.”[1] Other items generally considered attractive nuisances include pools, hot tubs, trampolines, abandoned vehicles, playground equipment, treehouses, and tractors. A property owner has a duty of care to properly secure any attractive nuisances on their property to prevent a small child from injuring themselves on it.

To win a case using the Attractive Nuisance Doctrine, you will need to prove that:

1. A potentially dangerous object or condition existed at the property.
2. The property owner knew or should have known this object or condition would attract children and could be dangerous for children.
3. Because of the child’s age, the child could not understand that it could be dangerous to interact with the object or condition.
4. The property owner failed to take reasonable precautions to prevent a child from injury.

Several factors determine whether a child’s injuries are due to another property owner’s attractive nuisance. These can include the age of the child, their mental capacity, and any mitigating steps that the property owner took to minimize the risk of injury (e.g. installing gates around a pool).

If you believe your child was injured due to an attractive nuisance in Palm Beach County or South Florida, contact ECanter Lawyers right away. We offer a free initial consultation, where we will listen to the details of your child’s situation and advise you if you have a legal case against the property owner.

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When you are dealing with the chaos and pain of accidents and personal injuries, the last thing you need is technical, confusing legal language.  ECanter Lawyers breaks down the complexities and provides clear, informative answers so that you understand your legal options. 

For a quarter of a century, ECanter Lawyers has remained committed to honest, straightforward answers.  Named one of AVVO’s Clients’ Choice, ECanter Lawyers has helped clients receive multi-million-dollar verdicts, and millions of dollars in settlements.  ECanter Lawyers specializes in personal injury, motor vehicle accidents, medical malpractice, premises and product liability, and healthcare law. With offices conveniently located throughout South Florida and 24/7 services, ECanter Lawyers personal injury law firm offers you the personalized attention that you need in order to maximize your compensation.

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[1] The Florida Senate. Chapter 823 Section 08 – 2022 Florida Statutes – The Florida Senate (flsenate.gov). Accessed July 6, 2024.