City of Miami Beach v. Menendez
3d DCA, 3/27/24
No. 3D22-1465, 2024 WL 1289258
Per Curiam
Topics: Premises Liability; Sovereign Immunity
This citation PCA reminds us that on beach area controlled by the City of Miami Beach where the city is operating a public swimming area, the city has a duty of care to warn of dangers that were known or should have been known. It’s not shielded from liability by sovereign immunity. South Beach is a well-known public swimming area, sothe State can’t claim immunity from tort suits merely because a formal designation as a state park did not occur. Once the governmental unit decides to operate the swimming facility, it assumes the common law duty to operate the facility safely, just as a private individual is obligated under like circumstances. Even though a public owner may not create a specific dangerous condition, if it creates a designated swimming area where a dangerous condition existed, it has a duty of care. A plaintiff's awareness of a dangerous condition does not negate a defendant's potential liability for negligence in allowing the dangerous condition to exist; it may be relevant, however, to a determination of comparative negligence.
