NBC-2.com WBBH News for Fort Myers, Cape Coral
The majority of reported incidents regarding canals involve car accidents. However, recently, people have been getting stuck in canals leading to their death. This is what happened to the person workers found floating face-down in the water near a seawall in Cape Coral. The person was announced dead at the scene. The incident is still being investigated.
Due to the danger that canals present warning signs are required to be posted. Depending on the level of danger a canal presents safety nets, escape ladders, and/or several warning signs may be required. According to the Federal Energy Regulatory Commission once a person falls into a canal it is very hard for them to escape without assistance due to the water, algae, mud, and more, which makes the linings very slick.
Since the County governs the canals it may be civilly liable for the person's death. This is because the County is responsible for any harm that comes to its invitees while on their premises. If said harm was foreseeable and the County failed to take any actions to prevent it, then they are civilly liable for the death of the victim.
The canal bank is open to the public and government owned. Therefore, it owes the public a reasonable duty of care, which can be fulfilled by making sure the public is aware of the possible danger the canal presents, providing possible protection if required, and making the area around the canal as safe as possible. As a result, the County may be liable given the unfortunate circumstances that took place in which the person died on its premises.
The Federal Government has documentation stating the danger of canals and the precautionary measures that should be taken to prohibit injuries and death from occurring as a result of those dangers. As a result, the County probably was given notice that someone could slip and fall into the canal, but failed to prohibit such activity. The result of the non-deterrence and the negligent security may have been the death of the person.
Per the Florida Wrongful Death Act, which is Florida Statute 768.19, a claim is allowed to survive the victim's death. In order to bring a claim as personal representative of the decedent's estate, probate must be opened and an individual's request to be appointed personal representative must be approved by the court. At Alexis Izquierdo, P.A., we take care of opening probate on the decedent's estate and make sure all the formalities that are required by the courts are observed.
Wrongful death cases are complicated due to requiring the assistance of a capable attorney like Mr. Alexis Izquierdo. Many times it can be difficult to obtain a complete picture of how the events happened because the victim, the person with first-hand knowledge, is not here to give us their story. In order to assist with putting the victim's story together, Mr. Izquierdo relies on the official death reports prepared by the medical examiner's office and the homicide detectives. He also retains his own investigators to look into the events that led to the tragic death. Furthermore, Mr. Izquierdo seeks the guidance of medical experts to better understand the medical reasons behind the death of the victim.
If a loved one has died as a result of someone else's intentional acts or omissions, please contact wrongful death attorney Alexis Izquierdo for a free consultation regarding your rights and probate duties. You may be entitled to monetary relief for funeral expenses and loss of financial support among many other things.