In the fall of 2020, a 48-year-old man drowned in a rip current off a beach in Daytona, Florida, while participating in a group therapy outing organized by the mental health and addiction treatment facility responsible for his care.
At the time, the man was receiving treatment for Post-Traumatic Stress Disorder (PTSD) and drug and alcohol addictions that he had struggled with after responding to numerous traumatic events during his career as a firefighter-paramedic.
The outing included multiple patients who were being supervised by a single employee of the treatment facility.
Rip Current Warnings Were Posted Along the Beach
On the day of the drowning, red warning flags posted at lifeguard towers along the beach indicated a heightened risk of dangerous rip currents.
According to the case, however, the facility employee took the group to an isolated stretch of beach located more than half a mile from the nearest lifeguard tower. From that location, the rip current warning flags were not visible.
The employee did not make an effort to determine the rip current conditions before taking the patients into the area, and no one else from the facility did so either. As a result, the facility and its employee were unaware of the heightened danger and did not warn the man or the other patients under their supervision about the elevated risk.
The 48-year-old entered the ocean, became caught in a rip current, and drowned.
Pursuing Accountability for a Vulnerable Adult
BRILL & RINALDI, The Law Firm filed a wrongful death lawsuit against the treatment facility and its employee in Volusia County Circuit Court.
The firm pursued claims alleging negligence under Florida common law as well as neglect under Florida’s Adult Protective Services Act.
The case centered on the responsibility of a treatment facility and its employees to protect individuals entrusted to their care, particularly when those individuals may be considered vulnerable adults under Florida law.
A Resolution That Brought an Emotional Release
The case was ultimately resolved amicably.
For the firm’s client, who had been devastated by the loss of her husband, the resolution provided more than the conclusion of a legal case.
She described it as “a huge emotional release,” adding, “I’m so grateful.”
David Brill, managing partner of BRILL & RINALDI, The Law Firm, reflected on why the case was particularly meaningful to the firm:
“People suffering from, and getting treatment and care for, PTSD and addictions are textbook examples of vulnerable adults for whom the Adult Protective Services Act was enacted. We were humbled and honored to advocate for our client’s husband, a man who, in life, was a heroic first-responder who valiantly battled his illnesses and who, in death, will forever be loved and mourned.”
The case highlighted the importance of appropriate supervision and basic safety precautions when treatment facilities organize activities for individuals entrusted to their care.