Call now for a free consultation!

  • Phone Number(352) 629-8747
KING LAW FIRM
  • Home
  • Firm Overview
    • Jarrod Gregory King
    • Robert Gregory King
    • Norman Christopher Polak
  • Practice Areas
    • Premises Liability
      • Apartment Complex Accidents
      • Dog Bite Lawyer
      • Elevator And Escalator Accidents
      • Horse-Related Accidents
      • Inadequate Security And Battery
      • Injuries At Amusement Parks And Water Parks
      • Negligent Child Supervision
      • Parking Lot Accidents
      • Retail Store Accidents
      • Slip, Trip And Fall Accidents
      • Swimming Pool Accidents
      • Premises Liability FAQ
    • Motor Vehicle Accidents
      • ATV Accidents
      • Bicycle And Pedestrian Accidents
      • Boat/Watercraft Accidents
      • Bus Accidents
      • Car Accidents
        • Distracted Driving Accidents
        • Drunk Driver Accidents
        • Uninsured And Underinsured Motorists
      • Fatal Motor Vehicle Accidents
      • Motorcycle Accidents
        • Causes Of Motorcycle Accidents
      • Truck Accidents
      • Golf Cart Accidents
    • Personal Injury
      • Brain Injuries
      • Broken Bones
      • Burn Injuries
      • Injuries To Children
      • Medical Malpractice
      • Soft Tissue Injuries
      • Spinal Cord Injuries
      • Wrongful Death
  • Results
  • Articles
  • Blog
  • FAQ Videos
  • Contact
  • Home
  • Firm Overview
    • Jarrod Gregory King
    • Robert Gregory King
    • Norman Christopher Polak
  • Practice Areas
    • Premises Liability
      • Apartment Complex Accidents
      • Dog Bite Lawyer
      • Elevator And Escalator Accidents
      • Horse-Related Accidents
      • Inadequate Security And Battery
      • Injuries At Amusement Parks And Water Parks
      • Negligent Child Supervision
      • Parking Lot Accidents
      • Retail Store Accidents
      • Slip, Trip And Fall Accidents
      • Swimming Pool Accidents
      • Premises Liability FAQ
    • Motor Vehicle Accidents
      • ATV Accidents
      • Bicycle And Pedestrian Accidents
      • Boat/Watercraft Accidents
      • Bus Accidents
      • Car Accidents
        • Distracted Driving Accidents
        • Drunk Driver Accidents
        • Uninsured And Underinsured Motorists
      • Fatal Motor Vehicle Accidents
      • Motorcycle Accidents
        • Causes Of Motorcycle Accidents
      • Truck Accidents
      • Golf Cart Accidents
    • Personal Injury
      • Brain Injuries
      • Broken Bones
      • Burn Injuries
      • Injuries To Children
      • Medical Malpractice
      • Soft Tissue Injuries
      • Spinal Cord Injuries
      • Wrongful Death
  • Results
  • Articles
  • Blog
  • FAQ Videos
  • Contact
  • $26.4 million

    For Negligent Supervision Resulting In Sexual Molestation.

  • $26.4 million

    For Negligent Supervision Resulting In Sexual Molestation.

  • $990,000

    For Sheriff’s Deputy Injured On Duty By A Drunk Driver.

  • $300,000

    For Pest Control Specialist Injured On Slippery Steps At Customer’s Home.

  • $1.85 million

    For The Wife And Children Of A Motorcycle Rider Killed In A Crash.

  • $2 million

    Severe Motorcycle Accident Injury As The Result Of A Negligent Driver.

View More Results
Your Result Matters. Free Consultation
View Our Practice Areas
  • Personal Injury Learn More
  • Motor Vehicle Accidents Learn More
  • Premises Liability Learn More
  • Close

Home » Blog » Florida’s Attractive Nuisance Doctrine for Child Injury Claims

October 6, 2020  |  By kinglawadmin

Florida’s Attractive Nuisance Doctrine for Child Injury Claims

mother holding childs hand

Property owners generally have a responsibility to protect guests from injuries on their premises due to unsafe or defective conditions. Liability cases are based on a property owner’s negligence. A person or organization with an ownership interest in a property usually has immunity from premises liability when trespassers sustain injuries or death. An exception is a gross negligence claim or intentional misconduct by the property owner that is the proximate cause of an injury or death. In the State of Florida, when minor children are involved, property owners have a duty to provide safeguards for the presence of children, whether they are guests or trespassers.

The Attractive Nuisance Doctrine is based on the theory that minor children lack the capacity and judgment to comprehend risks. Children are curious by nature. They learn by exploring their environment with no awareness of inherent dangers. When a minor child enters a property uninvited, the property owner runs the risk of a premises liability claim if there are items on the land that may invite danger.

 

 Examples of items that capture the curiosity and attention of minor children are:

 

  • Pools, slippery decks, water slides
  • Airtight containers such as appliances
  • Trampolines
  • Ladders
  • Abandoned vehicles
  • Machinery
  • Construction sites
  • Exposed power lines
  • Holes in the ground

 

There is Nothing More Important than the Safety of a Child

Property owners have a duty to provide safeguards against injuries or death. For example, the highest rates of pool accidents and drowning by children in the nation occur in Florida, as reported by the Florida Department of Health. Consequently, Florida Statute 514.0315 and 515.27 legislation requires that fencing and gates be present and locked to deter accidents. Appliances and airtight containers on a property must have the doors removed to prevent a curious child from being trapped with deadly consequences. Warning signs and notifying surrounding parents in a neighborhood of potential hazards on a property can reduce serious mishaps. It is the property owner’s responsibility to create a safe environment and comply with all state and local ordinances.

There are specific elements needed for the plaintiff to prove negligence against a property owner for a child’s injury or death. The landowner may be liable for damages if they know of dangerous conditions that exist on their land. There must be corroborating evidence that the injured child cannot comprehend the risk based on their age, maturity level, and intelligence. Proof is needed to substantiate that a hazardous condition was left exposed, unguarded, and would likely attract minor children. Therefore, the property owner failed to act with reasonable care to protect the child from harm and damages. Compensation is awarded for medical bills, costs of rehabilitation, pain and suffering, loss of enjoyment, disfigurement, lost wages for parents, and funeral costs.

 

 King Law Firm is Committed to the Legal Needs of Our Clients

Personal injury claims are complicated. They are particularly tragic for parents dealing with the emotional pain and trauma of a child’s preventable injury. We are a dedicated and compassionate law firm that fiercely protects the rights of our clients. We believe in holding persons accountable for their actions. Our attorneys, legal staff, and investigators are experienced and have proven results in personal injury claims.

If your child has been injured due to another’s negligence, contact the King Law Firm’s personal injury attorneys. Our office is located in Ocala, Florida, and we represent clients throughout Ocala and the surrounding areas. Call now for a free consultation at 352-306-8548.

 

Share and Enjoy !

0Shares
0 0
Previous StoryEquestrian Accidents and Personal Injury Claims
Next StoryPunitive Damages: Was your Accident due to Intentional or Grossly Negligent Conduct?





Contact Preferences
How would you like to be contacted?
EmailPhone

How can we help you?

*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.
I have read the disclaimer

Recent Blog Posts

  • Common Causes of RV Accidents Friday, 11, Dec
  • Punitive Damages: Was your Accident due to Intentional or Grossly Negligent Conduct? Tuesday, 24, Nov
  • Florida’s Attractive Nuisance Doctrine for Child Injury Claims Tuesday, 6, Oct
  • Equestrian Accidents and Personal Injury Claims Tuesday, 15, Sep

Categories

  • b (1)
  • BLOG (10)
  • Car Accidents (31)
  • Golf Cart Accidents (2)
  • In the News (3)
  • Injuries (12)
  • Motorcycle Accidents (19)
  • Premises Liability (17)
  • Prescription Drugs (1)
  • Truck Accidents (20)
  • Wrongful Death (19)

VIEW OUR BLOG

AV | Peer Review Rated For Ethical Standards & Legal Ability | Preeminent TM  Martindale-Hubbell from LexisNexis Multi-Million Dollar Advocates Forum American Association For Justice Million Dollar Advocates Forum FJA Super Lawyers Nation's Premier | NAOPIA | Top Ten Ranking 2014 National Association Of Distinguished Counsel | Nation's Top One Percent | NADC BirdEye | Best Lawyer | 2019
King Law Firm | KLF | Chartered

King Law Firm Ocala Personal Injury

2156 E Silver Springs Blvd Ocala, FL 34470 Ocala Law Office Map

Free Consultations

Phone: 352-629-8747

© 2018 King Law Firm. All rights reserved. | Disclaimer | Privacy Policy | Website by Southern Cross Media, LLC.