Can the State Be Held Liable for Outcomes of Swimming Activities by Residents ?
In Florida Department of Natural Resources v. Garcia, 753 So. 2d 72 (Fla. 2000), there was no issue raised as to whether the City had decided to operate the area as a swimming area.
The issues which were before the Court and which were for decision by the Court in Garcia were about the liability of the State of Florida--not the liability of the City of Miami Beach. Id. at 75.
The majority opinion in Garcia states that the core question presented was whether "a formal designation as a swimming area by the State was a prerequisite to the State's liability." Id. at 75.
In Garcia, this Court stated:
It would be an intolerable and unnecessary burden to expect the State to post "No Swimming" signs up and down its expansive coastline on the chance that residents of the State may, on their own, select a particular area to enjoy the ocean or other waterways. Garcia, 753 So. 2d at 77.