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Risk of Dangerous Conditions to Children Higher than Burden to Property Owner of Removal

Under Florida law, an essential element of the attractive nuisance doctrine is that the burden of eliminating the dangerous condition on the landowner's property is slight compared to the risk to children. A West Palm Beach Child Injury Lawyer will advise the family of an injured child that a property owner may be held liable for the child's injury if he or she failed to take appropriate measures to eliminate the dangerous condition, if doing so would have prevented the risk of injury to the child. For instance, if dangerous conditions at a construction site pose a serious risk to children, and the construction company can eliminate the risks with minimal inconvenience, the construction company can be held liable for failing to do so,if injury results. Additionally, where all the elements of an attractive nuisance exist, the property owner must exercise reasonable care in removing the danger or protecting the child. For example, if the defendant post warning signs, but the child can not appreciate or understand them because of his or her age, negligence may still be imputed on the property owner. However, the attractive nuisance doctrine does not require a property owner to be the insurer of safety of children, but requires only that the owner take reasonable precautions to prevent injury to them.

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.




 All material contained in this site is for informational purposes only and is not meant to take the place of a licensed lawyer. Attempting to use this material to help yourself may result in irreparable harm to your case. Please consult a License Florida lawyer for help. Examples including case law, rules of procedure and satutory law are for demonstrative purposes and may not be Florida Specific. No attorney client relationship is formed unless we accept your case and you sign a contract.
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Florida Child Injury Lawyer