Legal Question in DUI Law in Florida

Liability and Statute of Limitations

On Memorial Day weekend at one of the most popular river areas for family boating in florida my husband was run over by a drunk boater and killed.

In court it came out that the man had come close to several other accidents that day as he was on the river from about 10am until 7pm when he killed my husband. he was in a rather large showy boat and was a regular there, as was his careless dinking and driving at the same area.

I have always felt as though the Dept. of Fish and Wildlife, who patrolled the area regularly, should have been aware of this man's drunk and reckless condition on the river that weekend.

My question is exactly that: Can they be held accountable for their obvious lack of adequate patrol on the river that holiday weekend?

Next Question is: Is there a limitation on filing a wrongful death suit against them?

I have also heard they cannot be sued as they are a Government entity, True or False?


Asked on 5/06/04, 5:04 am

1 Answer from Attorneys

Steven Fahlgren Steven M. Fahlgren, P.A.

Re: Liability and Statute of Limitations

There are some instances when a governmental agency assumes a duty that it can be held accountable for not performing that duty in a nonnegligent manner. For a more thorough answer, I recommend you contact Mike Bailey asap at 407 628-2929. He has a lot of experience. I have worked with him on wrongful death cases caused by a drunken driver.

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Answered on 5/06/04, 11:55 am


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