In the absence of evidence that the attractive nuisance doctrine applies, a business owner is not liable for the injuries of children who are trespassing on the property. However, the attractive nuisance doctrine is an exception to the rule that a property owner's only duty to a trespasser is to avoid willful and wanton harm. Under the attractive nuisance doctrine a property owner is required to warn all trespassers including children of any known dangers that are not easily discoverable by ordinary observation. A property owner is at risk for liability for a child trespasser's injuries if:

• The property owner knows or has reason to know that the place where the dangerous condition exists is one where children will likely trespass;
  
  

  The dangerous condition is known or should be known to cause an unreasonable risk of bodily harm to children;

  The age of the child may cause a child to be less observant then an adult with respect to dangerous conditions and the risks involved in intermeddling with it or in coming within the area dangerous by it;

  The burden of eliminating the danger is slight compared to the risk posed by it to children;

  The property owner fails in his or her duty to exercise reasonable care in removing the dangerous condition.

  Additionally, the property owner must have enticed the child to his or her property. In other words, an attractive nuisance is defined as a dangerous condition that constitutes a trap. The attractive nuisance doctrine applies to child trespassers and child licensees.

  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.