Establishing the breach of a duty is one of the most contested issues in South Florida premises liability lawsuits. Essentially, in order to establish this element, a plaintiff must point to some negligent act or omission of the defendant that violated a duty owed to the plaintiff.
Earlier this month, an appellate court issued a written opinion in a personal injury lawsuit filed by the father of a young boy who drowned while swimming in a pool at a condominium complex. The appellate court was tasked with determining if the trial court was proper to grant the defendant’s motion for summary judgment based on the plaintiff’s failure to establish that the defendant was negligent. After reviewing each of the plaintiff’s claims, the court determined that the condo association was not negligent in any way and affirmed the lower court’s ruling.
The Facts of the Case
The plaintiff’s son was swimming in a pool that was located inside a condominium complex operated by the defendant condo association. The boy was accompanied by several family members, none of whom lived in the condo complex. While the boy’s aunt did live in the complex, she was not present while the group was using the pool.
At some point in the day, the pool got very crowded. The boy’s family lost sight of him, and while he was unsupervised, he became submerged. No one noticed that the boy was under water for approximately five minutes. By the time his mother saw her son under water and pulled him out, he was unconscious. Another visitor tried to revive the boy with CPR but was unsuccessful in her efforts. A witness called 911, but the emergency responders did not arrive for about 20 minutes. By the time they arrived, the boy had died and was unable to be revived.
The boy’s father filed a wrongful death lawsuit against the condo association, claiming that the pool was negligent in its operation of the pool. Specifically, the plaintiff made the following three claims:
- There was no lifeguard on duty;
- There was not a floating rope line indicating where the deep end of the pool began; and
- The physical address of the condo complex was not visible from the pool.
The court hearing the case looked at the local regulations governing the safety of swimming pools and determined that the condo association was not negligent for failing to do any of the things mentioned in the plaintiff’s allegations. The court explained that, given the circumstances, the cause of the child’s death was “lack of proper adult supervision,” rather than the negligence of the condo association.
Have You Been Injured on Another Party’s Property?
If you or a loved one has recently been injured while on the property of another person or business, you may be entitled to monetary compensation through a South Florida premises liability lawsuit. The skilled South Florida personal injury attorneys at the law firm of Friedman, Rodman & Frank have extensive experience representing victims in a wide range of personal injury cases. We offer a unique form of client-centered representation across all types of South Florida personal injury law. Call 877-448-8585 to schedule a free consultation with an attorney today.
More Blog Posts:
Establishing Causation in South Florida Car Accidents, South Florida Personal Injury Lawyers Blog, published August 24, 2017.
Pre-Suit Requirements in Florida Personal Injury Cases Naming Government Defendants, South Florida Personal Injury Lawyers Blog, published September 7, 2017.