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What is Florida’s Attractive Nuisance Law?


All property owners in Florida have a responsibility to keep their premises in a safe and clean condition so no one becomes hurt. This concept is known as premises liability law and while it may seem straightforward, in certain instances, it becomes a bit more complex. One of these complexities surrounds the state’s attractive nuisance law. If you have been injured on someone else’s property, you may be eligible for compensation, but you must first understand when property owners have a legal duty to others, and when they do not.

Premises Liability Law in Florida

When property owners do not ensure their property is safe for visitors to enter and someone becomes injured, they can be held liable for any damages or losses the accident victim sustains. To claim damages, however, the accident victim must show that the property had actual or constructive knowledge of the unsafe condition.

Actual knowledge refers to when a property owner sees the unsafe condition for themselves, or is told of the hazard. Constructive knowledge, on the other hand, means that the dangerous condition existed for a significant amount of time that they should have known about the condition. When an unsafe condition regularly occurs on a premises, the property owner is also presumed to have constructive knowledge about the hazard.

The only exception to this law is trespassers. Although property owners cannot actively try to harm trespassers, they are also not liable if someone becomes hurt when they do not have permission to be on the property.

The Attractive Nuisance Doctrine

Many states have an attractive nuisance law, and Florida is no different. This legal doctrine states that when a dangerous condition is attractive to others and may lure them onto the premises, property owners are responsible for any injuries a person may sustain.

The most common example given for the attractive nuisance doctrine is a child that enters a property that has a swimming pool. If the property owner did not do enough to protect the visitor from the nuisance, even if they were a trespasser, they can be held liable. So, if a child entered a property because they wanted to go in the pool and they sustained injuries or death, the property owner could still be held liable. In this instance, parents of the child could pursue damages from the property owner for medical expenses, lost income, if they had to miss work to care for the child, and wrongful death.

Our Florida Premises Liability Lawyers can Help with Your Case

In most instances, property owners are responsible for ensuring their property is free of danger so visitors can enter safely. However, many will use the defense of trespassing in order to avoid liability. At Eighmie Law Firm, P.A., our Port St. Lucie personal injury lawyers know that everyone should be protected from harm when on another person’s property, and that includes trespassers in many circumstances. If you or someone you love has been hurt on someone else’s property, call us today at (772) 905-8692 or contact us online to schedule a consultation.


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