Is Algae a Valid Reason to Sue?

Floridians have a healthy fear of algae. If you have ever owned a swimming pool, you have spent considerable effort trying to stop the slimy green stuff from forming on the surface of the pool. You shock your pool several times a week with hefty doses of chlorine and acid, and you test the levels of pool chemicals every day. Despite your efforts to keep algae at bay, you must admit that it is an essential part of Florida’s natural beauty when it grows on tree trunks or logs or when it floats on the surface of the water, providing the perfect camouflage for alligators. Most of us think of algae as an annoying eyesore rather than a genuine health hazard. Algae can contribute to accidents that result in serious injury. If you got injured because a property owner failed to remove algae from their property, contact a Miami premises liability lawyer.

How Dangerous Is Algae Growing on Surfaces?

Premises liability laws enable customers and invited guests to seek damages from the property owner if they get injured in a preventable accident on the owner’s property. Accidents where the plaintiff fell on a slippery surface and got injured account for a large percentage of premises liability cases.

If your injury occurred because the property owner failed to remove algae from an area where customers or guests were likely to walk, you are in a strong case to file a premises liability claim. For example, Danielle Bailey filed a premises liability lawsuit when she slipped and fell on an algae-covered boat dock at Veterans Beach in 2018, suffering multiple bone fractures. The boat she was riding on had docked at the nearest dock so that the people on board could get to safety before a rainstorm. The boat dock was covered in algae because it had been submerged for several months due to flooding from Hurricanes Irma and Maria. The property owners had not removed the algae from the dock before reopening the beach.

How Dangerous is Algae in the Water?

Algae can also be dangerous when it is in the water instead of attached to a surface. Swimming in water with extensive algae growth can cause serious illnesses. Whether this counts as premises liability depends on where you were swimming. If you were swimming in algae-infested water at a water park where you paid admission, then premises liability laws are definitely applicable. If you were swimming in a lake on public land, then the algae had as much right to be there as you did. In general, you cannot file a premises liability lawsuit if you were engaging in recreational activities on a piece of land that is open to the public for recreational use free of charge.

Contact Gerson & Schwartz About Premises Liability Cases

A premises liability lawyer can help you if you have been injured while swimming or walking in the presence of algae. Contact Gerson & Schwartz in Miami, Florida, to discuss your case.

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