A woman in Florida is suing the lawn care company that employed her deceased husband for his wrongful death. Tomasa Castro says that Tom Mahoney Ultimate Lawn Service acted negligently when the owner, Tom Mahoney, told her husband, Jose Carillo, to mow the lawn next to a deep lake in a residential area. Carillo did not know how to swim, and the lawsuit alleges that Mahoney was aware of this fact.
According to the wrongful death lawsuit, Mahoney neglected to train Carillo on how to safely use a riding lawn mower next to a body of water. Mahoney also allegedly failed to give Carillo the proper safety equipment, such as a life jacket, in the event of an accident.
The Collier County Sheriff’s Office says that Mahoney discovered Carillo’s hat in the water and dove into the lake, where he discovered Carillo’s body about 10 feet from shore. Carillo was pronounced dead at the accident scene.
While workers’ compensation usually prevents an employee or his or her family from suing an employer for injuries (or death) that occurred while on the job, Mahoney did not provide Carillo, who had worked for the lawn company for several years, with workers’ compensation.
Also named in the Florida wrongful death lawsuit is Scott Jensen, the owner of the property where the drowning accident occurred. The lawsuit accuses Jensen of failing to post a warning that the water depth was deceptive, the bottom of the lake was unstable, and there were currents in the water.
Carillo left behind four young children. Castro is suing for funeral costs, pain and suffering, mental trauma, lost wages, loss of future earnings, and loss of support, companionship, guidance, and protection for the children.
Property owners that have a pool, a lake, a hot tub, or another body of water on their premises are supposed to make sure that the proper safety measures are in place to prevent accidental drowning deaths.
Common causes of drowning accidents that can be grounds for a premises liability or wrongful death lawsuit include, inadequate supervision, defective pool or faulty hot tub parts (such as a defective drain), failure to secure the body of water from children when they are unsupervised, and failure to post appropriate warning signs.
Please contact our South Florida law firm to discuss your wrongful death case.
Widow Sues Florida Lawn-Care Company Over Drowning, Lawn & Landscape, June 16, 2008
Landscape employee drowns in East Naples lake, Naples.com, June 2, 2006
Related Web Resources:
Florida Wrongful Death Statute
Division of Workers’ Compensation