Staples, Ellis + Associates, P.A. Staples, Ellis + Associates, P.A.

Florida Personal Injury Lawyers

Staples, Ellis + Associates, P.A.
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5 factors for determining liability with an attractive nuisance

Did you assume that homeowners were never liable for injuries if those who were hurt were trespassing? This isn't always true, especially when it comes to children.

With children, something on the property could be deemed an attractive nuisance. If it's dangerous, kids who are hurt by it could bring about a lawsuit, even if they weren't supposed to be on the property in the first place.

There are five key factors to consider:

1. The property owner knows in advance that kids may trespass.

2. The object could be dangerous to those children.

3. The kids, due to their age, don't fully grasp this danger.

4. It wouldn't cost much to make the property safe, at least compared to the risk.

5. The property owner didn't do what was reasonable to protect those children.

Perhaps the most common example is a swimming pool. If a person has neighbors with small children, he or she may need to put a fence around the pool or the entire property to keep kids away from it.

Technically, kids shouldn't be on that person's land in the first place, but a 5-year-old child doesn't understand legal property lines, trespassing laws and the danger of a swimming pool without supervision. As such, it falls on the property owner to protect children from themselves. There have been cases in which owners were found liable even though they argued that the children were trespassing.

Was your child hurt on someone else's property? Don't assume that you can't seek compensation just because your child wasn't supposed to be there. You may have the ability to do so if that person left a clear danger exposed.

Source: Insurance Quotes, "10 Attractive Nuisances That Hike Up Home Insurance Rates," accessed July 12, 2017

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Staples, Ellis + Associates, P.A.

Florida Personal Injury Lawyers

Staples, Ellis + Associates, P.A. 201 N. Palafox Street 2nd Floor Pensacola, FL 32502 Toll Free: 888-414-1326 Phone: 850-696-0314 Fax: 850-438-0575 Pensacola Law Office

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