Could Your Pool Be An “Attractive Nuisance” And A Source Of Liability For You?

If you have families with kids living around you, you will want to know about an area of the law called the “attractive nuisance” doctrine.

What Is The Attractive Nuisance Doctrine?

Essentially, the attractive nuisance doctrine exists to protect children.  If a property owner has something on his or her property that would be attractive to children (some examples might be swimming pools, trampolines, bounce houses, etc.), the law says that the property owner can be liable for an injury suffered by a child, even if the child is legally trespassing on the subject property. The probability of liability against the property owner increases in proportion to the ease with which the danger could have been eliminated.

How To Deal With A Residential Swimming Pool

Using a swimming pool as an example, a responsible homeowner in a neighborhood full of small children would be wise to enclose their fence that can be secured with a clasp or lock, and additionally might want to have a pool fence around the perimeter of the pool, itself.  While this might seem like overkill, it certainly pales in comparison to finding a young child floating facedown in your pool.

If you have any questions about the “attractive nuisance” doctrine, or injuries to small children anywhere in Florida, call Winter Park personal injury attorney at 407-565-7386, or text us at 407-644-4444.