Can I take action if my child was injured while trespassing?

Generally speaking, when a person is trespassing on a property and injures themselves as a result, they do not have the right to make a premises liability claim. This is because the owner does not have the responsibility to make a property or piece of land safe for visitors if it is not accessible by the public.

However, like every rule, there are exceptions. In regard to premises liability law and trespassing, there are many exceptions to this general rule. One of these exceptions applies to children. Children, of course, do not have a clear understanding of what trespassing is, especially if they are younger in age. Therefore, all landowners should be aware of the possibility of children trespassing on their property. As a result of the awareness of this risk, they have the responsibility to react accordingly.

What does the doctrine of attractive nuisance mean?

The doctrine of attractive nuisance recognizes the fact that children are curious in nature and that they don’t have the same sense of danger that adults typically do. In addition, the doctrine puts forward that landowners should be aware of the possibility of children trespassing. They should make sure that there are no obvious hazards that would endanger a child, or seal off the property or land so that it is not possible for a child to enter. If the landowner fails in their duty to ensure that the land is safe and a child becomes injured, it is likely that they will be held legally liable for their injuries.

What is an example of an attractive nuisance case?

A common example of a situation in which the doctrine of attractive nuisance is applied is when a homeowner has a swimming pool that is visible from the road. Children can be easily tempted to swim in the pool, but they may not be strong swimmers. Pool owners should make sure that their pool is covered to prevent a situation like this.

If your child has been injured while trespassing on property in Florida, you should consider taking action to gain compensation.

When a child is injured due to an unsafe or “attractive” hazard on someone else’s property, families may have the right to pursue compensation—even if the child was technically trespassing.

These cases can be complex and emotionally challenging, but the premises liability attorneys at Smith, Feddeler & Smith, P.A. are here to help. With decades of experience representing injured children and families across Florida, our firm understands how to navigate the nuances of the attractive nuisance doctrine and hold negligent property owners accountable.

Contact Smith, Feddeler & Smith, P.A. today to discuss your case and learn how we can help your family seek justice and recovery.

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