Smith, Feddeler & Smith, P.A.
Call for a Free Consultation
Helping Injured People Since 1968
Comprehensive Help In All Injury-Related Cases

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 to trespass 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 injures.

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.

No Comments

Leave a comment
Comment Information

Contact Our Firm

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Smith, Feddeler & Smith, P.A. - Toll Free 1.800.200.7546

Lakeland Office
832 South Florida Avenue
Lakeland, FL 33801

Toll Free: 800-200-7546
Fax: 863-687-7258
Lakeland Law Office Map

Brandon Office
202 E Brandon Blvd.
Suite 107
Brandon, FL 33511

Toll Free: 800-200-7546
Fax: 863-687-7258
Brandon Law Office Map

Kissimmee Office
1101 Miranda Lane
Suite 1331
Kissimmee, FL 34741

Toll Free: 800-200-7546
Fax: 863-687-7258
Kissimmee Law Office Map

Tampa Office
4511 North Himes Avenue
Suite 200
Tampa, FL 33614

Toll Free: 800-200-7546
Fax: 863-687-7258
Tampa Law Office Map

Orlando Office
4700 Millenia Boulevard
Orlando, FL 32839

Toll Free: 800-200-7546
Fax: 863-687-7258
Orlando Law Office Map

Clearwater Office
13575 58th Street North
Suite 200
Clearwater, FL 33760

Toll Free: 800-200-7546
Fax: 863-687-7258
Clearwater Law Office Map