Florida’s warm climate, year-round swimming, and abundance of residential and commercial pools unfortunately make drowning one of the most common causes of accidental death in the state. When a drowning occurs because of negligence, surviving family members may have the right to pursue a wrongful death lawsuit under Florida law.
This article explains how drowning and pool-related wrongful death cases work in Florida, who may be held liable, and what legal options grieving families have.
Why Drowning Is a Major Issue in Florida
Florida consistently ranks among the highest states for drowning deaths, especially involving:
-
Children under five
-
Elderly adults
-
Tourists unfamiliar with pool safety
-
Apartment, hotel, and vacation-rental guests
Drownings often happen silently and quickly, sometimes in less than two minutes. Many are preventable when proper safety measures are in place.
When Is a Drowning Considered Wrongful Death?
Under Florida’s Wrongful Death Act, a drowning may qualify as wrongful death when it is caused by negligence, carelessness, or a failure to act, such as:
-
Lack of required fencing or barriers
-
Broken or missing pool gates or locks
-
Absence of lifeguards where required
-
Poor supervision at daycare or school facilities
-
Defective pool drains or suction entrapment
-
Failure to maintain safe pool conditions
If the death could have been prevented through reasonable care, a wrongful death claim may exist.
Common Pool-Related Wrongful Death Scenarios
Residential Pools
Homeowners may be liable when:
-
Pools are unfenced or gates are unlocked
-
Children gain unsupervised access
-
Safety covers or alarms are missing
Florida law imposes heightened responsibilities when pools pose a foreseeable danger to children.
Apartment Complexes & HOAs
Property owners and associations may be responsible for:
-
Broken self-latching gates
-
Lack of warning signs
-
Poor lighting or visibility
-
Failure to enforce pool rules
Hotels, Resorts, and Vacation Rentals
Hotels and Airbnb-type properties can face liability for:
-
Inadequate supervision
-
Overcrowded pool areas
-
Alcohol-related pool hazards
-
Failure to comply with health and safety regulations
Daycares, Schools, and Camps
Facilities caring for children may be liable for:
-
Insufficient staff-to-child ratios
-
Untrained personnel
-
Failure to monitor pool access
-
Delayed emergency response
Who Can Be Held Liable in a Florida Drowning Death?
Depending on the circumstances, liable parties may include:
-
Homeowners
-
Landlords or property managers
-
Hotels and resorts
-
Homeowners’ associations
-
Daycare centers or schools
-
Pool maintenance companies
-
Lifeguard staffing companies
Multiple parties may share responsibility in a single drowning case.
Who Can File a Wrongful Death Claim in Florida?
In Florida, a wrongful death lawsuit must be filed by the personal representative of the estate, on behalf of surviving family members, which may include:
-
The surviving spouse
-
Children
-
Parents of a deceased minor
-
Other dependent relatives
Damages Available in Pool-Related Wrongful Death Cases
Recoverable damages may include:
-
Funeral and burial expenses
-
Loss of financial support and services
-
Loss of companionship and protection
-
Mental pain and suffering
-
Medical expenses incurred before death
Each case is unique, and damages depend on the victim’s age, family relationships, and financial contributions.
Time Limits: Florida’s Statute of Limitations
In most cases, Florida allows two years from the date of death to file a wrongful death lawsuit. Waiting too long can permanently bar a family’s right to recover compensation.
Early investigation is critical because pool conditions, surveillance footage, and maintenance records can disappear quickly.
What Families Should Do After a Drowning Death
Families should consider:
-
Preserving photographs and videos of the pool area
-
Obtaining incident reports and medical records
-
Avoiding early insurance settlements
-
Consulting a Florida wrongful death attorney experienced in premises-liability and drowning cases
Insurance companies often move quickly to limit their exposure after fatal incidents.
Holding Negligent Parties Accountable
While no lawsuit can undo a tragic loss, wrongful death claims can:
-
Provide financial stability for surviving families
-
Force property owners to correct dangerous conditions
-
Help prevent future drownings
Florida law allows families to seek accountability when safety rules are ignored and lives are lost as a result.
Speak With a Florida Wrongful Death Attorney
If your family has lost a loved one in a drowning or pool-related accident, you may have legal options. A qualified Florida wrongful death attorney can evaluate your case, explain your rights, and guide you through the legal process with compassion and care.
Contact Florida Lawyer J.P. Gonzalez-Sirgo by dialing his direct number at (786) 272-5841, calling the main office at (305) 461-1095, or Toll Free at 1 (866) 71-CLAIM or email Miami Attorney Gonzalez-Sirgo directly at jp@yourattorneys.com or by text at (305) 929-8935.
