Beach Injuries and Lifeguard Negligence in Florida

Keith Petrochko • June 30, 2025

The Fourth of July is one of Florida’s most celebrated holidays, with fireworks lighting up beaches from Daytona to New Smyrna. But when celebrations lead to injuries—whether from public displays, backyard setups, or defective fireworks—it is important to know your legal rights. Florida law holds individuals, businesses, and even municipalities accountable when firework accidents cause harm.


Protecting Your Rights After an Injury at the Beach


From Daytona Beach and New Smyrna to Ormond Beach and Flagler Beach, Florida's Atlantic coastline is a major draw for tourists and residents alike. But when safety lapses occur—such as negligent lifeguarding, unsafe walkways, or lack of warnings—serious injuries or even death may result.
 
If you or a loved one was injured at the beach, and lifeguards, municipalities, or beach operators failed in their legal duties, Florida law may provide a path to recovery.


Common Beach Hazards in Central Florida


  • Drowning or Near-Drowning: Failure to supervise swimmers, improperly trained lifeguards, or delayed rescue responses can give rise to liability.


  • Slip and Fall Accidents: Improperly maintained walkways, ramps, and access points may result in injuries. Property owners have a duty to maintain safe premises under Florida Statutes § 768.0755.


  • Watercraft and Recreational Equipment Accidents: Jet ski and parasail operators must instruct users and maintain equipment. Liability may arise under general negligence principles or specific maritime statutes.


  • Unmarked Hazards: Failure to warn of rip currents, drop-offs, or dangerous marine life may amount to negligence, especially when no red flag or signage is posted.


Lifeguard and Municipal Liability Under Florida Law


Lifeguards may be found negligent under Florida Statutes § 768.28(9)(a) when acting outside the scope of their employment or in a grossly negligent manner. Examples include:
 

  • Leaving a post unattended
  • Failing to perform a timely rescue
  • Lack of CPR or rescue training
  • Ignoring posted risk conditions


Florida law generally limits lawsuits against public entities through § 768.28, but local governments can be held liable when they negligently operate or maintain public property, or fail to correct known hazards. Claims against counties or cities must comply with strict notice and timing requirements:


  1. Pre-suit written notice within 3 years of the incident (see § 768.28(6)(a))
  2. Damages limited to $200,000 per person / $300,000 per incident, unless a claims bill is passed


What to Do If You Are Injured


  1. Report the injury immediately to beach patrol or local law enforcement.
  2. Document the scene: photos of warning signs, lifeguard towers, access points, and hazards.
  3. Seek medical treatment as soon as possible.
  4. Speak with an attorney experienced in Florida premises liability and sovereign immunity claims.


Jaws Turns 50 – And Yes, We’re Still Watching the Water


Fifty years after Jaws hit theaters, beachgoers remain (half-jokingly) on shark alert. But unlike the fictional Amity Island, Florida’s beaches have real-world risks—more often from absent lifeguards or unsafe access areas than great whites. If your lifeguard has not looked up from their phone in an hour, you might be safer in the shark tank.


Do I Have a Case?


If your injury was caused by negligent supervision, hazardous beach infrastructure, or inadequate warnings, you may be entitled to compensation under Florida Statutes § 768.81 for:
 

  • Medical bills and rehabilitation
  • Lost wages and diminished earning capacity
  • Pain and suffering
  • Permanent disability or disfigurement


Claims against public entities must be evaluated under § 768.28, and deadlines to notify the state or local government apply.


Speak With a Central Florida Injury Attorney Today


At My Affordable Attorney, we serve clients across Volusia, Flagler, Orange, and Seminole Counties. We charge a flat 25% contingency fee—far below the typical 33–40%—and handle: - Drowning and rescue negligence, Jet ski and parasail injuries, Trip and falls on beach access ramps, Negligent maintenance of beach properties, and Local government beach liability claims
Call 866‑466‑5925 or email us for a free case review.