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Swimming Pool Drowning Lawsuits in Florida

Discover how liability is determined in these lawsuits and gain insights on how insurance companies handle these claims and the damages that are recoverable.

In this article, we’ll break down:

Florida is known for its beautiful weather and abundance of swimming pools, but that also means it leads the nation in tragic pool-related drownings. A lawsuit is often the last thing a grieving family wants to think about — but in many cases, it’s the only way to hold negligent parties accountable and prevent similar tragedies from happening to others.

In this article, we’ll walk you through what you need to know about filing a lawsuit after a pool drowning incident, how Florida law applies to public versus private pools, and what kind of compensation may be available to affected families.

Drowning in Florida: What the Public Needs to Know

Florida has the highest unintentional drowning rate in the U.S. for children under 5, according to the Florida Department of Health. Tragically, many of these deaths occur in everyday settings — backyards, vacation rentals, and even child care facilities. Some of the most common drowning locations include:

  • Private backyard pools
  • Vacation rental properties (such as Airbnb properties)
  • Hotel and resort pools
  • Daycare centers and schools
  • Municipal pools (such as city and county-run facilities)

Missing or broken fences, poor sign-posting, and a lack of safety equipment all increase the risk of a child (or adult) running into trouble around water. Despite the frequency with which pool-related accidents occur, there are many misconceptions about drowning. Contrary to what you see in movies, people who are drowning don’t always scream or cry out for help. Drowning can be silent and fast. According to the Florida Department of Health, “Someone can drown in as little as 30 seconds, and it only takes 1 inch of water.” That’s why constant supervision and compliance with safety regulations are critical.

Fortunately, there are some basic precautions that people can take to prevent drownings:

  • Installing four-sided pool fences with self-latching gates
  • Using approved pool alarms
  • Teaching children water safety from a young age
  • Always designating a sober, attentive adult as a “water watcher”

Who Is Legally Responsible After a Drowning?

Legal responsibility after a drowning can fall on many different individuals or organizations, depending on the setting, safety precautions in place, and other factors. For example, the parties that run or maintain public municipal pools (and other public pools) can be liable for failing to follow state laws and regulations related to pool safety. Additionally, other liable parties can include:

Homeowners

This is especially true if safety features (like pool barriers or alarms) were missing, damaged, or not compliant with local pool codes. If a child or young person enters a property and drowns or has a near-drowning experience, the owner of the property may be held responsible even if the other party gained unauthorized access to the property.

Vacation Rental Hosts (e.g., Airbnb)

When rental listings fail to warn of hazards or don’t comply with Florida safety laws, they may be putting themselves at risk of being held liable in a drowning lawsuit.

Daycare Centers

Staff at daycare centers are responsible for the safety of the children in their care. If the incident was due to a lack of supervision, inadequate staff-to-child ratios, or failure to secure pool access, the center may be held liable.

Hotels, HOAs, or Property Managers

Liability may fall to the manager of the property if the pool wasn’t properly maintained or supervised.

Product Manufacturers, Maintenance Companies or Contractors

If the property owners took proper precautions, but safety equipment such as gates, pool alarms, or drains were defective, the manufacturer or installer of this equipment may be held liable. Additionally, maintenance companies like condominium pool maintenance companies can be held liable for injuries if their negligence in maintaining the pool leads to accidents for failure to comply with safety regulations.

In Florida, a swimming pool drowning lawsuit is generally based on one or more of the following factors:

  • Negligence. When a person or organization fails to take reasonable steps to prevent harm, they could leave themselves liable for a lawsuit.
  • Premises Liability. If unsafe property conditions led to the drowning (e.g., broken gates, lack of signage), this may provide legal grounds for a lawsuit.
  • Wrongful Death. Florida Statutes §768.19 states: “When the death of a person is caused by the wrongful act, negligence, default, or breach of contract or warranty of any person… the person or watercraft that would have been liable in damages if death had not ensued shall be liable for damages…”
  • Attractive Nuisance Doctrine. Pools are considered attractive nuisances under Florida law. Property owners must take extra care to secure pools from young children.
  • Violations of Safety Laws. Failing to meet Florida’s pool safety statutes and administrative regulations can be evidence of negligence.

Florida Pool Safety Requirements

Florida has strict pool safety laws and regulations that all property owners are required to follow. The regulations differentiate between residential pools and public pools, although there is some overlap in the safety regulations.

Residential Pools

Florida Statute Chapter 515 (Residential Swimming Pool Safety Act) requires that all new residential pools must have at least one of the following safety features (Florida Statutes §515.27):

  • The pool must be isolated from the home by a suitable barrier or enclosure.
  • The pool must be equipped with an approved safety cover.
  • All doors and windows providing direct access to the pool from the home must be equipped with an exit alarm.
  • All doors providing direct access to the pool from the home must also be equipped with a self-closing, self-latching device, or the pool must have an alarm that sounds when it detects an unauthorized or accidental entrance into the water.

Also see section 515.29 titled “Residential swimming pool barrier requirements.”

Public Pools

Florida Statute Chapter 514 governs public swimming and bathing facilities, including pools operated by cities, counties, hotels, motels, apartment complexes, and more. See section 514.0315 titled “Required safety features for public swimming pools and spas.”

Additionally, Florida Administrative Code Rule 64E-9.008 mandates:

  • Supervision responsibilities for pool owners, managers, lifeguards, and instructors.
  • Lifeguards must be certified.
  • Pools must have proper equipment, such as shepherd’s hooks and life rings.
  • The property owner or manager must arrange daily pool safety inspections.
  • The pool must have clearly visible depth markers.

Failure to adhere to these laws and regulations can be considered evidence of negligence in a drowning lawsuit.

Steps to File a Swimming Pool Drowning Lawsuit in Florida

If someone close to you has been involved in a pool drowning accident, it’s important to seek legal advice. A South Florida personal injury lawyer can help you understand your legal standing and start the lawsuit process.

  1. Determine Legal Standing. Generally, a drowning lawsuit would be brought by the parents or the estate of the deceased child. In the event of an adult drowning victim, the lawsuit would be brought by the next of kin.
  2. File the Complaint. Work with a personal injury lawyer to file a lawsuit in the civil court, outlining the evidence of negligence or wrongful death.
  3. Serve the Defendants. The parties believed responsible, such as the property owner, daycare facility manager or contractors who installed the faulty safety equipment, must be notified of the lawsuit.
  4. Collect Evidence. Your personal injury lawyer will collect as much evidence as possible, such as safety inspection reports, surveillance footage, maintenance records, witness testimony, and expert evaluations. Formal discovery requests will be made by way of interrogatories, requests for admissions, and depositions.
  5. Settlement or Trial. Many cases settle out of court. Oftentimes, that will occur during mediation. However, if no agreement is reached, the case will go to trial. Your personal injury lawyer can advise you on whether it makes sense to accept any settlement offered, or pursue the case in court.
  6. Final Judgment or Settlement. If successful, damages are awarded based on the theory of making family members whole again for their loss of a loved one.

What Can a Family Recover in a Lawsuit?

If a family prevails in a swimming pool drowning lawsuit, compensation may include:

  • Pain and suffering
  • Funeral and burial costs
  • Loss of companionship and emotional support
  • Loss of future income (depending on the child’s age)

In rare cases, punitive damages may be available under Florida Statute §768.72, which states, “A defendant may be held liable for punitive damages only if the trier of fact, based on clear and convincing evidence, finds that the defendant was personally guilty of intentional misconduct or gross negligence.”

Notable Case Example: Airbnb Pool Drowning in Florida

In a widely reported 2023 case, a child tragically drowned in a backyard pool at an Airbnb property in Florida. The family filed a wrongful death lawsuit alleging negligent property conditions, including:

  • Lack of a required fence
  • No warning about the pool hazard
  • Absence of any pool alarm or safety cover

The case settled for $1.3 million, underscoring that rental property owners and platforms like Airbnb can be held accountable if they violate Florida’s safety laws.

Note: Alan Sackrin handled a similar case involving the unfortunate death of a young child at a daycare facility. A three-year-old child gained access to the daycare pool through a large gap in the slats of the gate protecting the pool which tragically resulted in the child drowning.

How an Attorney Experienced With Drowning Lawsuits Can Help You

Drowning lawsuits are complex and emotionally difficult. Hiring an attorney with extensive experience in this area can make all the difference. An expert civil trial attorney, like Alan Sackrin, will help you:

  • Understand Florida’s pool safety laws and explain how the defendant(s) breached their duty of care to your loved one.
  • Preserve evidence and identify potentially liable parties such as the property owner, safety equipment manufacturers, and contractors.
  • Hire the appropriate pool safety experts and medical professionals to help you build a strong case.
  • Understand and share their insight on how most insurance companies handle these claims, including their settlement negotiation tactics.

If a loved one has suffered harm in a swimming pool drowning and you have questions about dealing with a claim or an insurance adjuster, a good piece of advice is to speak with a personal injury lawyer who has spent years evaluating injury facts, applying the law, and effectively asking juries to render a favorable verdict. Most personal injury lawyers who meet these criteria, like Alan Sackrin, will offer a free initial consultation to answer your questions and explain the law.

Contact Alan Sackrin for Help with Your Swimming Pool Drowning Lawsuit

If your child or a loved one tragically drowned, we are here to help you. You may be able to seek justice against the people responsible for keeping the pool safe. Alan Sackrin is a Board Certified Civil Trial Lawyer with over 40 years of experience helping families find justice after preventable tragedies.

Contact Alan today for a free, compassionate consultation to explore your legal options. Call 954-458-8655.