Premises Liability Child Injury

Children are often subject to special rules in premises liability claims. A property owner’s or manager’s obligations to warn is different with respect to child trespassers (those who are not authorized to be on property) than from adults.

While an adult trespasser is often prevented from recovering for personal injury in a premises liability lawsuit, a child trespasser often can recover under premises liability theory.

For example, quite often a property owner, manager, or tenant must give special warnings if he or she knows (or reasonably should know) that children are likely to come onto the property, and that a dangerous condition on the premises is likely to cause serious bodily injury or wrongful death.

In order to find liability, the owner needs to act to protect against dangerous conditions that are attractive by their nature to children. Examples include construction sites, swimming pools, faulty or defective playground equipment.

Take the construction site example. Assume that the house under construction site is in a residential neighborhood. The property owner and builder should reasonably expect children to come onto the property to explore (as kids do). Dangerous equipment should be removed or locked up every night. Machinery or tools must be disabled so children cannot use them.

When dangerous materials or conditions at a work site exist, children do not perceive the dangers. These dangerous items are attractive playthings to children, and the consequences can be devastating. In Florida, such a scenario is called an “attractive nuisance” – while no intention exists, such conditions or objects entice curious children. Accordingly, a property owner can be held liable for personal injury to children or child injury under the attractive nuisance doctrine.

The bottom line is liability of the property owner or property manager can apply in those circumstances where a curious child trespassed on a property and was injured.  Property owners must act reasonably to protect children, even if the children are not supposed to be on the property.

If you have questions regarding your legal rights in a premises liability claim or child injury claim, contact our personal injury attorneys today.

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