When a Drowning Could Have Been Prevented
Florida leads the nation in drownings of young children. In 2025, 73 Florida children between the ages of one and three drowned, most of them in residential pools, and many more survived near-drownings with lasting brain injuries. Behind many of these tragedies is a missing fence, an unlocked gate, a lifeguard who was not watching, or a pool that was never made safe.
The Injury Advocates represents families across Broward, Miami-Dade, and Palm Beach counties after a drowning or near-drowning at a pool, beach, waterpark, boat, or private home. These cases are painful, and we handle them with care. Our founder, Kweku Darfoor, is personally involved in every case we take on.
Florida’s Pool Safety Law and Premises Liability
Florida’s Residential Swimming Pool Safety Act, Chapter 515, Florida Statutes, requires every new residential pool to have at least one approved safety feature: a barrier fence meeting state standards, an approved safety cover, exit alarms on doors and windows that open to the pool, self-closing and self-latching doors with latches at least 54 inches high, or a pool alarm that detects someone entering the water. A pool without any of these is a safety violation, and that violation is strong evidence of negligence when a child gets in.
Beyond the pool safety law, property owners owe a duty of reasonable care to guests, and a higher duty of care to children, who are drawn to water and cannot judge its danger. Hotels, condominiums, apartment complexes, waterparks, and community pools must maintain barriers and gates, post proper warnings and depth markings, keep rescue equipment on hand, and, where lifeguards are provided, make sure they are trained and attentive. Summer camps, schools, and daycare centers that take children swimming must supervise them adequately.
Drownings on the water, such as from a boat or at a marina, may also be governed by federal maritime law and Florida’s boating statutes. See our boating accident page.
Drowning and Near-Drowning Cases We Handle
Deadlines and Next Steps
Florida’s deadline for most negligence claims is two years from the date of injury under section 95.11, and two years from the date of death for a wrongful death claim. Claims against a city, county, or public agency that operates a pool or beach follow Florida’s sovereign immunity rules, with special notice requirements and damage limits.
If you have lost a child or a loved one, or your child survived a near-drowning, we will listen, explain your options honestly, and handle the investigation so you can focus on your family. Photographs of the pool, the fence, the gate, and the surrounding area, taken as soon as possible, can be important. Call us for a free consultation.
Related Pages
A drowning is every parent’s worst fear. When it happens because a pool was unsafe or no one was watching, the family deserves answers and accountability. We investigate what went wrong, identify every responsible party and policy, and pursue the full value of the claim with compassion and resolve.
Why Families Choose The Injury Advocates
Possibly. Florida requires residential pools to have at least one safety feature such as a barrier, cover, alarm, or self-latching door. A pool without one, or an owner who left a gate open, may be liable. These claims are usually paid by the homeowner’s insurance, not the homeowner personally.
When a person survives a drowning event but suffers brain injury from lack of oxygen, the resulting lifelong care needs can be the basis of a claim against whoever was responsible for the unsafe pool or inadequate supervision.
It depends. Florida does not require lifeguards at every pool, but a hotel must keep the pool and its barriers reasonably safe, post required warnings, and not create a dangerous condition. If a lifeguard was provided and failed to act, the hotel can be liable for that failure.
Nothing up front. Your consultation is free, and we handle injury cases on a contingency fee basis, which means our fee is a percentage of the money we recover for you. If we do not win your case, you owe no attorney’s fees and no case costs.
