Trial Magazine

Peniel Janvier, 28, visited the Scott Rakow Pool in Miami Beach when the pool was extremely busy. Someone allegedly pushed him into the pool, and he began to drown. Other swimmers tried to help Janvier; however, the lifeguard allegedly was looking at his phone and did not act. Janvier subsequently died. He is survived by his parents and family.

Janvier’s estate sued the city of Miami Beach, alleging that the pool had been understaffed on the day of the drowning and had inadequate surveillance. The plaintiff argued that the lifeguards on duty should have been assigned zones of responsibility and that the city should have enforced its “no cell phone” policy for lifeguards.

The parties settled for $2 million, including $300,000 pursuant to the sovereign immunity statute. The plaintiff will file a claims bill for approval by the Florida legislature and governor.

Citation: Janvier v. City of Miami Beach, No. 2023-013411-CA-01 (Fla. Cir. Ct. Miami-Dade Cnty. 2024).

Plaintiff counsel: AAJ member Douglas McCarron, Coral Gables, Fla.; and Mark Brumer, Miami.