Childhood Injuries And Premises Liability Claims

While our job as parents is to help our children learn how to gauge risk appropriately, anyone who may have children on their property has a legal responsibility to keep it safe for all visitors. When that does not happen, I can help, regardless of whether your child has suffered a slip-and-fall accident, a dog bite or another type of mishap. I am attorney Bill Galione, and The Galione Law Firm, P.A., can help you recover compensation to help your family rebuild after your child suffers a catastrophic personal injury.

The Three Types Of Premises Liability Claims

After an accident occurs on someone else's property, a personal injury lawyer will want to examine your child's claim from the perspective of why your child was on the property. Florida law recognizes three types of premises liability claims, which outline the level of responsibility a property owner owes the visitor:

  • Invitee – An invitee obtains the land owner's permission to enter the property. A child in this category could be at a friend's house playing or visiting a store with their parents.
  • Licensee – A licensee enters a property for a purpose of their own. A child who falls in this category could have walked to the front door of a neighbor's house to sell them Girl Scout cookies.
  • Trespasser – A trespasser does not have the land owner's permission (express or implied) to be on the property. Children are treated differently than adult trespassers in that the law recognizes that property owners have an obligation to minimize potential dangers to children on their property.

Beyond these legal categories, there are additional laws that regulate what happens if your child suffers an injury at school or on the school playground.

What Is An "Attractive Nuisance"?

One other important factor in premises liability cases involving children is the doctrine of "attractive nuisance." Property owners can be held liable if an object on their property attracted the attention of a child who was too immature to understand the danger it posed to them. Examples of attractive nuisances can include:

  • Swimming pools
  • Trampolines
  • Abandoned refrigerators or deep freezers that have not had their doors removed

Learn More About Premises Liability

I serve families impacted by child injury incidents in Gainesville and throughout central Florida. Call my office at 352-204-0202 or use the online intake form to get started.