A cause of action for premises liability will not be actionable under the attractive nuisance doctrine, unless a property owner knew or reasonably should have known that a structure or instrumentality on the premises was dangerous or potentially dangerous to children. Under the attractive nuisance doctrine a property owner is only required to warn all trespassers including children of any known dangers that are not easily discoverable by ordinary observation. For example, a landowner was held liable for negligence arising from a child's fall from a tree onto a park bench underneath the tree, where the landowner breached a duty to the child by failing to remove the park bench under the tree once it he had notice of children climbing the tree and the potential danger of a child falling from the tree and likely being injured as a result of hitting the bench. In other words, the condition must be inherently dangerous to children that it reasonably requires that precautions be taken to prevent children from being harmed by the dangerous condition. However, if a landowner had no knowledge of a condition on his or her property being a potential danger to children, he or she will not be held liable for injury to the child.
If your child has been injured on a business premises due to the negligence of another, you should consult with an experienced West Palm Beach child injury lawyer. The experienced and knowledgeable Florida Child Injury Lawyers of Sharmin & Sharmin P.A. will fight to recover the compensation and justice your family deserves. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.
