The Haggard Law Firm’s Douglas McCarron, along with co-counsel Mark Brumer, has helped secure long-awaited justice for the family of Peniel Janvier, a young boy who drowned while visiting the Scott Rakow Youth Center pool in Miami Beach.
Florida Governor Ron DeSantis signed a claims bill passed by the Florida Legislature, authorizing payment of the balance of a $2 million wrongful death settlement against the City of Miami Beach.
Under Florida’s sovereign immunity law, government entities are typically shielded from paying more than $300,000 in damages without special legislative approval. The Governor’s signature ensures the Janvier family will now receive the full settlement after years of waiting for accountability.
How This Tragedy Happened
Surveillance video from the day of the drowning revealed alarming safety failures at the Scott Rakow pool. The summer camp was hosting a large end-of-year celebration, and the pool was extremely crowded with children, many of whom were not strong swimmers. Despite this, the City:
- Staffed only two of four lifeguard chairs.
- Had no supervisors on duty.
- Failed to assign lifeguards proper zones of responsibility, leaving each responsible for scanning the entire pool — a practice that violates every published lifeguard safety standard.
- Allowed an on-duty lifeguard to use his cell phone while on the stand. Disturbingly, video shows the lifeguard looking down at his phone at the very moment Peniel was pushed into the pool and struggled to stay afloat.
Lifeguard Responsibility and Pool Safety Standards
Lifeguards play a critical role in drowning prevention. Their duties require:
- Continuous scanning of assigned pool zones.
- Clear assignment of “zones of responsibility.”
- Strict adherence to no cell phone policies.
- Adequate staffing and supervision during busy events.
When these basic standards are ignored, tragedies like Peniel Janvier’s drowning become far more likely.
Why the Claims Bill Was Necessary
In Florida, government agencies and municipalities are generally protected by sovereign immunity, which caps damages at $300,000. To recover additional compensation, a claims bill must be passed by the Florida Legislature and signed by the Governor.
The Legislature’s approval and the Governor’s signature authorized the payment of the settlement’s balance, bringing closure to the Janvier family after years of heartbreak and delay.
The Haggard Law Firm has an extensive history of securing claims bill’s for clients.
A Preventable Tragedy
Peniel was an extraordinary young man from a close-knit family. His loss has left an indelible mark on his parents, relatives, and community. While no amount of money can replace his life, this settlement and the approval of the claims bill provide long-overdue accountability for the City’s negligence.
The Haggard Law Firm’s Decades of Experience in Drowning Cases
For decades, The Haggard Law Firm has represented families across the country in drowning and non-fatal drowning cases, as well as negligent supervision and wrongful death lawsuits. The firm’s attorneys have long held cities, property owners, and organizations accountable when safety standards are ignored.
The Janvier case underscores not only the devastating consequences of negligence but also the critical importance of enforcing pool safety policies to prevent future drownings.
📞 If you or a loved one has been the victim of a drowning or other tragedy caused by negligence, contact The Haggard Law Firm at 305.446.5700 to speak with an experienced attorney.
The post UPDATE: $2 Million Drowning Wrongful Death Settlement Against City of Miami Beach Approved by Governor’s Claims Bill appeared first on The Haggard Law Firm.
