Under the attractive nuisance doctrine, a property owner will only be held liable where the child was either lured or attracted onto the property by the dangerous condition that caused the resulting injury to the child. However, not every condition that may be considered attractive to a child will be considered sufficiently alluring to constitute an attractive nuisance doctrine. For instance, if a property owner negligently left the door to the swimming pool enclosure open, and as a result a child entered and fell in the pool, it would be sufficient "enticement" to qualify for the attractive nuisance doctrine. Additionally, the rule requiring that a child be lured onto the property by the dangerous condition, also applies to a concealed danger operating in connection with a condition on the property, both of which contributed to the child's injury. In other words, if the condition attracting the child onto the premises has a concealed dangerous condition, the doctrine applies. Moreover, the required element of enticement does not require that it be the type of condition that would attract an adult, rather it is sufficient that the condition attract a normal child.
If your child has suffered an injury on someone else's property due to their negligence, 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 the West Palm Beach Child Injury Lawyers of Sharmin & Sharmin P.A. at 1-800-74-TRIAL.
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