Was Your Child Injured on a Neighbor’s Property?
At Pita Weber Del Prado, we receive panicked calls from parents whose children are hurt in a variety of accidents. Their child might be in the hospital with a broken bone, or they suffered a more serious brain injury. Many of these accidents occur because of dangerous conditions on property. Parents often ask if they can sue the property owner.
The law regarding child injuries is very complicated and involves questions about why your child was on the property and the nature of the hazard. Contact our office to discuss what happened. In certain situations, your child might have a legal claim.
Common Hazards and Accidents
Children can be hurt by many hazards, including:
- Defective elevators in apartment buildings which might stop suddenly;
- Unstable bannisters or balcony railings which cause them to fall;
- Defective appliances which electrocute users;
- Puddles or liquids on the floor which cause children to slip and fall;
- Swimming pool accidents, including near-drowning accidents.
Some children are injured when they are invited to a child’s birthday party or for a sleepover. The owner of the property should take certain steps to warn your child of any hidden or concealed hazards. For example, the owner might know a balcony railing is rotting, so they should warn your child not to play on it. A property owner can be liable if they fail to warn about these defective conditions.
What if Your Child Was Trespassing?
Some children are on the property without permission when they are hurt. For example, your child might sneak into a neighbor’s yard and use their swimming pool, or they enter an abandoned store.
Generally, property owners do not owe any duty of care to someone who is trespassing, whether they are an adult or child. They shouldn’t intentionally hurt a trespasser (by setting a trap, for example.) But they have no obligation to fix hazards or warn people.
There are exceptions to this general rule for some child trespassers who are drawn to trespass because of an attractive nuisance. This nuisance is something which draws a child’s attention and prompts them to enter without permission. A swimming pool is a common example. Equipment at a construction site is another attractive nuisance which would draw a curious child.
When a child trespasses due to the nuisance, a property owner might be liable for an accident. They should consider whether a child would be tempted to enter the property and assess whether the child would appreciate the danger.
Sometimes, the owner must take reasonable steps to remove the danger or protect a child from it. For example, a property owner should put a fence around a swimming pool or otherwise make it inaccessible to a trespassing child. Failure to take this step could make the owner liable if a child falls in the pool and suffers injury or drowns.
Speak with a Miami Premises Liability Lawyer
A child’s curiosity is one of their greatest gifts, but sometimes children get hurt because they cannot appreciate the danger of certain hazards. Call our office to schedule a free consultation with one of our Miami premises liability lawyers at Pita Weber Del Prado.
Source:
flsenate.gov/Laws/Statutes/2025/823.08
