Does a Beachside Hotel Have a Nonstatutory to Warn its Guests Against the Dangers of a Riptide in an Adjacent Part of the Ocean

Does a Beachside Hotel Have a Nonstatutory to Warn its Guests Against the Dangers of a Riptide in an Adjacent Part of the Ocean?

No. In the case of Poleyeff v. Seville Beach Hotel Corp (782 So.2d 422) the estate of swimmer who drowned when caught in a riptide in the ocean off public beach adjacent to hotel and estate of hotel guest who also drowned while attempting a rescue brought separate wrongful death actions against the two hotels where decedents were guests, the concession that rented a beach chair and umbrella to swimmer, and others. In Miami, the Dade County Appeals court stated that the hotel and concession had no duty to swimmer and rescuer, and thus, estates could not recover for wrongful death.

Hotels where a swimmer is a guest, or beachside hotel where a rescuer is a guest, nor concession of beachside hotel that rents beach umbrella and chair to swimmer have a duty to warn swimmer and rescuer about the unseen dangers of the ocean currents or safeguard swimmer and rescuer by providing lifeguards or other safety equipment at the beach. Therefore, estates of swimmers who drown in riptide and rescuer who drowns while trying to save swimmer can not recover for wrongful death against hotels and concession.

An entity which does not control the area or undertake a particular responsibility to do so has no common law duty to warn, correct, or safeguard others from naturally occurring, even if hidden, dangers common to the waters in which they are found.

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JZ Helps – Injury Law Firm

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