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CITY OF MIAMI BEACH v. MENENDEZ (2024)

District Court of Appeal of Florida, Third District.2024-03-27No. No. 3D22-1465

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

Affirmed. See Breaux v. City of Miami Beach, 899 So. 2d 1059, 1066 (Fla. 2005) (“We hold that based on the undisputed facts, [Miami Beach] controls the beach area and was operating a public swimming area at the 29th Street location at the time of the accident. Thus, the City had a duty of care to warn of dangers that were known or should have been known, and is not shielded from liability as a matter of law based on sovereign immunity.”); Florida Dept. of Nat. Res. v. Garcia, 753 So. 2d 72, 77 (Fla. 2000) (“[W]here an area such as South Beach is a well-known public swimming area ․ the State has no basis for claiming immunity from suit merely because a formal designation as a state park did not occur.”); Butler v. Sarasota Cnty., 501 So. 2d 579, 579 (Fla. 1986) (“[O]nce 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. ․ [T]he public owner did not create the specific dangerous condition but did create a designated swimming area where the dangerous condition existed.”); Burton v. MDC PGA Plaza Corp., 78 So. 3d 732, 734 (Fla. 4th DCA 2012) (“A plaintiffs awareness of a dangerous condition does not negate a defendants potential liability for negligence in allowing the dangerous condition to exist; it may be relevant, however, to a determination of comparative negligence.”).

PER CURIAM.