In the State of Florida, a property owner or landowner whether a private person, business, or government entity has a duty to maintain the premises under the property owner’s control in a reasonably safe manner. The is especially important for areas in which children are present. It is well known that children, especially toddlers, are curious and will often wander into areas that are not built for the play or presence of children. For instance, it is important for property owners and landowners to fence off hazardous areas including those related to waterways, electrical equipment, steep areas, and any other areas in which a child may get stuck, trapped, or otherwise injured.
Septic or lift stations for restroom sewage can be commonly be seen in many Florida communities. It is vital that the lids to septic or lift stations are safely secured and in place. If there is any risk that a young child can remove the lid or slip through the lid into the hole into the ground or the septic area, a child can be at significant risk for drowning. There are a number of causes for covers to be damages, unsecured, and out of place. When this happens, it is important for a property owner to take swift action to seal off the area, and repair or replace the lid.
Attractive Nuisance is a legal concept in which applies to situation in which a child is lawfully on property or even trespassing on the premises. If the child is injured by an area or object that is likely to attract children, a property owner or landowner can be held liable if it can be shown that the property owner or landowner knew or should have known about the attractive nuisance but failed to take action to fix the problem, secure the dangerous area, or remove the danger area / problem from the premises.