Legal Question in Personal Injury in Florida

city responsibility in drowning in city park

Young man drowns in lake at City Park in Broward County, FL. Lake was not dredged, man made lake) to dredge permit. Lake edge should have been 7 to 1, instead lake drops to 35 feet. City was aware of this yet failed to post any warnings untill after this tragic accident. Now there are posted signs steed drop off. Can anyone help this family?


Asked on 6/11/07, 8:26 am

4 Answers from Attorneys

David Slater David P. Slater, Esq.

Re: city responsibility in drowning in city park

I can see your difficulty. Unfortunately, Florida municipalities have a $100G cap on liability unless they waive it or you obtain passage of a bill authorizing payment.

A case such as this requires investigation and is expensive to pursue. It will need experts to testify.

Value will also come into play.Pain and suffering may be limited, lack of employment will be considered.

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Answered on 6/11/07, 8:48 am
Michael Tobin Michael M. Tobin, P.A.

Re: city responsibility in drowning in city park

This is a touchy area of the law but controlled by a $100,000 cap on damages ($200,000 in a death case) subject to a 25% limit on attorneys fees. There is a problem on the facts whether this is a recreational area exempt from liability or not. The Saga Bay case says no liability for rock pit lakes but a Lennar case in Broward County holding liability for failing to provide a proper slope adjacent to a roadway. No easy answer without detailed facts plus research. Call if you want serious

analysis.

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Answered on 6/11/07, 10:51 am
Steven Meyer CPLS, P.A.

Re: city responsibility in drowning in city park

The family should definitely consult with a lawyer who is skilled in this area. There are many issues to determine. Cases against municipalities or counties are difficult and filled with pitfalls. We primarily handle injury claims and would be happy to speak with you or other family members. We offer a free initial consultation.

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Answered on 6/11/07, 12:58 pm
Robert Roemer Robert Roemer

Re: city responsibility in drowning in city park

I definitely think the case has merit. One of the attorneys I work with just received a $5 million verdict in a drowning case. Please e-mail me a phone number where I can call you or the family to set up an initial free consultation regarding this case. I look forward to speaking with you.

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Answered on 6/11/07, 4:45 pm


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