Generally, in a cause of action for premises liability a trespasser's injuries are not actionable. This rule applies to a child trespasser whom is injured on the property of another as well. In the absence of evidence that the attractive nuisance doctrine applies, a business owner is not liable for the injuries of children who is trespassing on the property. 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. On the other hand, a child's status as a trespasser is irrelevant where the evidence and allegations are not that the injury was caused by the condition of the premises, but solely by the negligence of the defendant. Additionally, whether an injured child was a trespasser by express or reasonably implied implication at the time of the injury, is a question for the jury.

If your child has been injured on the premises of another due to the negligence of another, you should consult with an experienced West Palm Beach personal 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.