The Attractive Nuisance Doctrine in Florida

In Florida, all property owners have a duty of care to protect individuals whom they invite onto their premises. When it comes to trespassers, the state law does not offer the same protections. 

However, there are several situations where a property owner can be liable for a trespasser’s injuries. One of the most common situations is when the trespasser is a child. 

Florida has an “attractive nuisance” doctrine that allows property owners to be held responsible for a child’s injuries if the child suffered an injury by a feature or object on the owner’s premises that is likely to attract children.  

In general, the owner is liable for a child trespasser’s injury if (1) he/she knows or has reason to know that the area where a dangerous condition exists can be trespassed by a child, (2) the dangerous condition poses an unreasonable risk to a child’s safety, (3) the child is young enough to not realize the risks associated with the dangerous condition, (4) it is less of a burden to remove the danger than the risk posed to a child, and (5) the owner failed to either remove or protect the child from the risk of harm. 

According to Florida Statute 823.08, attractive nuisances to children include the following types of abandoned or discarded items: 

  • Washers 

  • Dryers 

  • Refrigerators 

  • Iceboxes 

  • Other airtight units that still have the doors intact 

Other potential attractive nuisances include swimming pools, trampolines, lawn owners, and even plugged-in power tools. 

Property owners need to be aware of any dangerous or hazardous condition on the premises. If anything on your property could foreseeably injure a child, you must take the proper steps to either eliminate, repair, or warn others of the danger. 

If your child has been injured on someone else’s property in Miami, contact our Miami premises liability attorneys at Hubbs Law Firm today at (305) 570-4802 for a free initial consultation. Thousands of cases successfully handled throughout Florida! 


Please note that by reading this blog you are not entering into an attorney-client relationship with Hubbs Law, P.A. This blog only provides general legal information. Every case is unique and you should request a consultation to ensure that you are getting the correct legal advice for your specific case.