With summer on the horizon, Miami families will flock to swimming pools for recreation, exercise, and leisure activity. Although swimming pools are popular amenities in many apartment complexes, condominiums, and homeowners’ communities, residents and their guests are sometimes endangered by negligence. The forms of unreasonably careless behavior that can lead to drowning deaths, or near drowning incidents that cause permanent brain damage, take many forms, such as inadequate security, unmaintained lifesaving equipment, missing drain covers, unsecured gates, or missing fencing. In this blog post, our Miami drowning death attorneys review a decision from Florida’s 5th District Court of Appeals which demonstrates the challenges drowning victims frequently face when pursuing compensation for wrongful death.
In Southern Owners Insurance Company v. Cooperativa v. De Seguros Multiples, etc., the parents of a seven-year-old boy brought a wrongful death lawsuit following the drowning of their child left in the care of a homeowner within a private gated condominium community. The boy was swimming in a pool shared by members of the association at the time of his drowning. The mother of the boy sued the condominium association alleging theories of negligence and negligent supervision. The trial judge granted summary judgment in favor of the plaintiff based on the conclusion that the association’s liability coverage extended to the owners of individual condo units. The judge relied on a clause providing that the coverage of the association applied to individual members when liability was the product of repair, maintenance, or ownership of areas of the premises not reserved for an individual member’s exclusive use or individual unit. Continue reading →