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The Attractive Nuisance Doctrine

The attractive nuisance doctrine applies if there is a jury question of whether the defendant owned or had possession of the land or premises, or whether he or she knew of the dangerous condition, or whether he or she knew of the claimant’s presence if claimant was a trespasser or should have foreseen the claimant’s presence if the claimant was a licensee.

If your child or a juvenile in your custody was injured due to what you believe was an attractive nuisance, you need an experienced personal injury attorney to fight on your behalf.

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Attorney for the Attractive Doctrine in Brevard County. FL

At The Law Offices of James B. Coulter children’s safety is a top concern. If your child was injured or died, due to an accident on someone else’s property in Melbourne, Brevard County, or the surrounding areas, The Law Offices of James B. Coulter can help you. You may be eligible to receive compensation for your injuries or loss. Contact a personal injury at (321) 586-9944 for a free evaluation of your case.

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Elements of the Attractive Nuisance Doctrine

A claimant can show that the attractive nuisance is applicable to their claim if he or she can show the following: 

  • The burden on the owner to eliminate the risk is slight compared to the risk posed to children;
  • The owner fails to take reasonable steps to dispose of the danger or to protect the child;
  • The dangerous condition enticed the child onto the property;
  • The owner knows or has reason to know that there is a dangerous condition on the property;
  • The dangerous condition is known or should be known by a property owner as an unreasonable risk of harm to children that may trespass on the property; and
  • The child does not realize the dangerous risk of the condition.

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Common Types of Attractive Nuisances in Florida

Attractive nuisances can be almost any type of potentially dangerous object which could potentially lure a child onto a person’s property. Some of these include the following:

  • Freezer lockers
  • Washers
  • Dryers
  • Ice boxes
  • Refrigerators
  • Man-made ponds
  • Leaning ladders
  • Power tools
  • Swimming pools
  • Trampolines

This list of common types of attractive nuisances is not exhaustive and may include a number of objects deemed harmless by the typical adult. Determining what type of object may be considered an attractive nuisance is another task that can be made less complicated with the proper attorney on your side.

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More Information on Attractive Nuisances

More amendments to jury instructions in civil cases- Search the Florida Bar News to find the latest information on amendments to jury instructions in civil cases in an article dated April 15, 2012. This article also addresses topics such as negligence and comparative negligence, assumption of risk, and the duty of reasonable care. Find more information on negligence claims and their requirements on this site.

768.075 Immunity from liability for injury to trespassers on real property - Visit the website of the Florida state legislature to view the statutes on Florida’s negligence laws. This site also provides information on the legal definitions for terms included in the statute. It also explains the process of establishing liability on a property owner for injuries incurred on his or her property.

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Locate an Attorney for an Attractive Nuisance Case in Brevard County, FL

If you have a child who was injured on another person’s property, your child may have fallen victim to an attractive nuisance. If you live in Brevard County, Melbourne, Satellite Beach, Palm Bay, Vero Beach, or surrounding areas, contact The Law Offices of James B. Coulter at (321) 586-9944 today.

At The Law Offices of James B. Coulter your personal injury claim can be given to a legal professional with an impressive record of success. Contact The Law Offices of James B. Coulter for a free case evaluation to learn more about your legal options from an experienced personal injury attorney.

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1402 Highway A1A, Ste A Satellite Beach , FL 32937
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