Florida waterfront establishments must do a better job of protecting their customers and guests from water hazards. As a destination for sunshine and beaches, Florida attracts tourists from in-state and around the country and world who travel far and wide to spend time in our waters. In fact, there are numerous establishments, such as bars, restaurants, hotels and timeshares, that heavily advertise their "water attraction" to entice customers. Yet many of these businesses do not adequately protect their visitors who may be unfamiliar with the dangers in our waters that us natives are aware of.

There is no shortage of dangers within our waters in Florida. This list includes but is not limited to rip currents, differing water depths, deceptively clear waters, murky waters, tidal zones and alligators in lakes and lagoons. These hazards present real threats to individuals who are either unaware or have never been exposed to them, which can result in death and catastrophic injury.

For example, within the last year, there was the incident at a Disney World hotel where a 2-year-old Nebraska boy was killed by an alligator when he was playing in a foot of water in the resort lagoon. There was a "No Swimming" sign present, but nothing to warn of alligators or hinder this young boy from entering the water.

Also, twice in just a few years, we represented two out-of-state residents who were rendered quadriplegic when they dove into designated or expected swimming areas that were too shallow for safe diving. The swimming areas either had no signs warning of the shallow water or ineffective barriers to prevent entry into the water. These are just two of the many cases that have dealt with death or catastrophic injury due to a lack of appropriate safety measures in place around a body of water in Florida.

There is a crying need for local ordinances that mandate Florida resorts and businesses to warn of the dangers associated with their "inviting" waters. This is because many businesses and landowners do not understand that they have a duty of care to their guests and the public as well to inform them of shallow water and other hazards of which the business is or should be aware.

That duty is captured in the Florida standard jury instruction for premises liability of a landowner or possessor towards invitees and invited licensees, which states: "Whether the defendant negligently failed to maintain the premises in a reasonably safe condition, or negligently failed to correct a dangerous condition about which defendant either knew or should have known, by the use of reasonable care, or negligently failed to warn the plaintiff of a dangerous condition about which the defendant had, or should have had, knowledge greater than that of the plaintiff; and, if so, whether such negligence was a legal cause of loss, injury or damage to the plaintiff."