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Premises Liability Regarding Children

Florida Child Injury Lawyer : Premises Liability Regarding Children

Children may be negligently injured when entering the business premises of a business owner.  Florida law provides that a business owner has a duty of reasonable care to protect a child from injury on his or her premises.  Minor children who enter the premises of another are subject to classification as: as invitee, licensee, or trespasser.  Where a child accompanies another person who enters a store for the purpose of business dealings, the child is considered an invitee, regardless of whether the business dealings have direct connection with the child.  Additionally, a child who is a social guest is considered an invitee.  Business owners who invite children to enter there business premises, whom have not arrived at the age of discretion to go upon their premises are required to exercise a relatively higher degree of care for the safety of the children than for the safety of adults.  Therefore, a business owner who fails to use reasonable care to protect a child invitee from injury may be held liable for negligently failing to maintain necessary shields or safeguards on the premises to protect unsuspecting children from the dangers thereof.  

A business owner also owes a duty to a minor who enters onto the premises for his or her own convenience, pleasure, or benefit with the owner's permission, the status of that child is as a licensee.  However, a child who is considered a trespasser is not owed an absolute duty of care.  In other words, 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.  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.  Thus, under the doctrine, upon discovering the trespasser's presence, a property owner must 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. 

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 personal injury lawyer. The experienced and knowledgeable Florida Child Injury Lawyers of Sharmin & Sharmin P.A. will fight to recover for the injured child the compensation and justice he or she deserves.  Our experienced team of lawyers and staff will use their skills and knowledge to give your family justice and peace of mind.  You need an experienced West Palm Beach child injury lawyer.  Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

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