Richard Weinstein is suing his employer, the city of Delray Beach, for the Palm Beach County wrongful death of his son Jason Weinstein. The 26-year-old drowned on September 5, 2008 while surfing at Atlantic Dunes Park.
Now, Richard and his family are contending that Jason, who was the victim of a rip current, might not have died that day were it not for the city’s negligence, including the:
• Failure of its lifeguards to warn of rip currents.
• Inadequately trained lifeguards-one of the two who were there at the time was surfing.
• Not enough lifeguards on duty.
• Delayed response of lifeguards by “a critical three minutes.”
• Three of the city’s six rescue units were out of service when the Delray Beach drowning accident happened.
• When attempting to get help, the lifeguard supervisor mistakenly called the water department.
• The lifeguard who called for help accessed the wrong channel and did not push the emergency call button.
The city of Delray Beach is disputing the lawsuit and says that Jason died because of his own negligence. The defendant contends that Jason was in violation of beach rules because he was over 50 yards offshore and not in the lifeguard patrolling area. Also, the city claims that there was a red flag up to warn of rip currents.
With so many people taking to the different bodies of water in sunny Florida, drowning accidents can occur, which is why those responsible for pools, hot tubs, beaches, and other swimming areas frequented by visitors need to ensure that all safety measures are implemented to decrease the chances of Palm Beach personal injury or wrongful death.
More than 3,000 people are killed in drowning accidents each year. Near drowning incidents can cause brain damage that can lead to serious and permanent disabilities and impairments.
Depending on the specifics of the Florida drowning accident, the owner of the property where a drowning accident can be held liable for Palm Beach County premises liability or wrongful death.
Family sues Delray over death of son who was surfing at city beach, Palm Beach Post, April 8, 2011
Unintentional Drowning: Fact Sheet, Centers for Disease Control and Prevention
Related Web Resources:
Atlantic Dunes Park