Broward Injury Attorneys on Governmental Immunity for Ocean Drownings
The State of Florida, through its Legislature, has recognized that the varying conditions of Florida’s public beaches and coastal area can pose a significant risk to the safety of the general public. As such, legislation was passed in an effort to notify the public of dangers and to encourage beach-goers to exercise caution when certain conditions exist. The Department of Environmental Protections, through the Coastal Management Program, oversees the uniform warning and safety flag program at all areas of public access. The purpose is to encourage the display of uniform warnings and safety flags at public beaches.
The Florida Legislature has also enacted governmental immunity to protect the State of Florida from liability from accidental injury and death. Due to the inherent danger of constantly changing surf and other naturally occurring conditions along Florida's coast, the state, state agencies, local and regional government entities or authorities, and their individual employees and agents, shall not be held liable for any injury or loss of life caused by changing surf and other naturally occurring conditions along coastal areas. This immunity is preserved regardless of whether or not uniform warning and safety flags or notification signs developed by the department are displayed or posted.
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Article contributed by attorney Denise Grass