Miami Pool Drowning Accident Attorney

Swimming pool accidents can happen in the blink of an eye. When a property owner, lifeguard, or supervisor is negligent in keeping swimmers safe, the risk of a swimming pool drowning accident spikes. Our team of friendly and knowledgeable attorneys have years of practice handling swimming pool and other premises liability lawsuits.

If you or a family member suffered serious injuries in a swimming pool accident in Miami, Florida, contact us today by calling (305) 638-4143. We can work through your case and help you gain restitution for your damages.

We provide a comprehensive support system for each client who comes to us for counsel. From the initial accident investigation to the final settlement agreement or verdict, we’ll be there for you every step of the way. We go above and beyond to fulfill your needs and make you feel heard. We are a go-to firm in Florida when it comes to proven, results-driven personal injury litigation.

Pool Drowning Statistics in Florida

According to data from the CDC, the primary cause of death for children between 1 and 4 years old is drowning. The setting for most of these heart-wrenching incidents is the swimming pool. For each child under the age of 18 who loses their life to drowning, there are an additional 7 who manage to survive but require immediate treatment after experiencing nonfatal drowning incidents. In Florida, somewhere between 80 and 100 children tragically die every year in drownings. It is up to swimming pool owners, product manufacturers, lifeguards, and parents to ensure the safety of swimming children.

The following risk factors affect the probability of drowning accidents:

• Swimming Lessons: Taking formal swimming lessons can reduce drowning risk for kids and young adults.
• Pool Fencing: Adequate pool fencing prevents unsupervised access. A four-sided isolation fence that separates the pool area from the house cuts drowning risk by 83% compared to three-sided yard fencing.
• Supervision Gap: Drowning can occur silently in any water source. Vigilance is crucial, whether in lakes, pools, bathtubs, or even buckets.
• Risk by Location: Drowning risks differ with age. Infants drown mainly in bathtubs. Home pools are riskier for children ages 1–4. Natural water accounts for 40% of drownings for ages 5-14, while pools constitute about 30%. For ages 15+, over half of drownings happen in lakes, rivers, or oceans.
• Life Jackets: Life jackets are essential, particularly for boating and swimming. The U.S. Coast Guard reported 658 boating-related deaths in 2021—81% died by drowning, and 83% of these people were not wearing life jackets.

Drowning vs. Near-Drowning

Drowning technically refers to a fatal water-related accident, in which the victim does not get enough oxygen to survive. Near-drowning refers to a non-fatal swimming pool accident, in which the victim almost dies but survives the incident. Near-drowning can deprive the brain of oxygen enough to cause permanent brain damage, coma, and eventually death. Both drowning and near-drowning are tragic accidents that can change your life forever. Our lawyers can help with both in Miami.

Who Is Liable in a Swimming Pool Accident?

Determining liability for your swimming pool accident is one of the first steps toward obtaining compensation. If you wish to fight for the costs of your hospital bills, lost income, pain and suffering, and other expenses through an insurance claim or the civil justice system, you must identify the liable party or the one at fault for your accident.

The most common liable parties in swimming pool accident cases are as follows:

• Swimming pool or property owner
• Hotel, spa, or other company with the swimming pool
• A public entity that owns a public pool
• Lifeguard or pool supervisor
• Party in charge of swimming pool maintenance
• Product manufacturer

A lawyer can investigate your swimming pool accident and help you determine the liable party. He or she can then take care of filing your personal injury, premises liability, or wrongful death lawsuit against the party with the county courts. Using a Miami drowning accident lawyer to fight for compensation can maximize your financial recovery.

Wrongful Death Claims After a Pool Drowning in Florida

If a loved one tragically drowned in a pool due to someone else’s negligence, your family may be entitled to file a wrongful death claim under Florida Statutes § 768.16–768.26. These claims aim to hold negligent parties accountable while allowing surviving family members to recover compensation for their losses.

Under Florida law, a wrongful death claim must be filed by the personal representative of the deceased’s estate on behalf of eligible survivors, which may include:

• A surviving spouse
• Children (biological or adopted)
• Parents
• Other relatives financially dependent on the deceased

Compensation in these cases may cover:

• Funeral and burial expenses
• Medical expenses incurred before death
• Loss of companionship and emotional support
• Loss of financial contributions or household services
• Mental pain and suffering (especially for parents of minor children)

Our attorneys have helped grieving families pursue justice in drowning cases involving children and adults. These cases are emotionally complex and require sensitive yet aggressive representation to uncover the truth and secure accountability.

Florida’s Residential Swimming Pool Safety Act

To combat the high rate of child drownings in Florida, the state enacted the Residential Swimming Pool Safety Act, found in Florida Statutes § 515.21–515.37. This law mandates specific safety features for most newly constructed residential swimming pools, hot tubs, and spas.

According to the law, residential pools must have at least one of the following:

• A four-foot-high barrier that completely surrounds the pool
• A pool cover that complies with ASTM safety standards
• Alarms on all doors and windows that provide access to the pool
• A self-closing and self-latching gate with a release mechanism placed at least 54 inches above ground

Failure to comply with this law can be used as evidence of negligence if a child gains access to an unprotected pool and drowns. If your loved one was injured or killed in a residential pool accident and these legal safety measures were missing or defective, the property owner may be held liable.

Frequently Asked Questions

Why do you need a lawyer after a pool accident?

On top of dealing with liability and the claims filing process, a top rated personal injury lawyer can make sure insurance companies don’t take advantage of you. A lawyer has the power to take an insurer to court, which may often be reason enough to garner a better settlement amount. Hiring a pool drowning accident attorney can make all the difference in the outcome of your case.

Can I sue if my child drowned in someone else’s swimming pool?

Yes. If the pool owner or operator failed to provide proper safety measures—such as fencing, supervision, or signage—you may have grounds for a wrongful death or premises liability lawsuit under Florida law.

What compensation can I recover for a pool drowning accident?

You may be entitled to compensation for medical bills, funeral costs, pain and suffering, loss of companionship, emotional distress, and in some cases, punitive damages if gross negligence is proven.

Do public pools require lifeguards under Florida law?

Not all public pools are required to have lifeguards, but if one is advertised or expected, failure to provide trained supervision may be grounds for negligence if an accident occurs.

What if a pool product malfunction caused the drowning?

If a defective pool drain, pump, ladder, or cover caused or contributed to the accident, you may be able to file a product liability claim against the manufacturer, distributor, or installer.

How long do I have to file a drowning-related lawsuit in Florida?

You typically have two years to file a wrongful death or personal injury claim in Florida. However, acting quickly helps preserve evidence and strengthens your case.

Do I have to go to court to file a claim?

Not always. Many pool drowning and injury claims are resolved through insurance negotiations or settlements without going to court. However, if the at-fault party refuses to offer fair compensation, your lawyer may recommend filing a lawsuit.

How much does it cost to hire a pool accident attorney?

Most drowning accident lawyers, including our firm, work on a contingency fee basis, meaning you pay nothing upfront. We only get paid if we win compensation for you, and the fee is a percentage of the settlement or verdict.

How long does it take to settle a pool drowning or injury case?

Every case is different. Some claims settle in a few months, while others take a year or more—especially if litigation is necessary. Factors include the severity of the injury, complexity of the case, and whether the parties are willing to negotiate.

Contact Our Miami Pool Drowning Lawyers Today

If you or a loved one was seriously injured—or if you lost someone you love—due to a pool drowning incident, you don’t have to navigate the legal process alone. These cases are often emotionally overwhelming and legally complex. At Flanagan & Bodenheimer Injury & Wrongful Death Law Firm, we are here to support you through every step with compassion, clarity, and commitment.

When you choose our firm, you benefit from:

• No upfront costs and no attorney fees unless we win. We work on a contingency fee basis, so there’s no risk in reaching out.
• A proven record of success, including multi-million-dollar recoveries in catastrophic injury and wrongful death cases.
• A small caseload model that ensures every client receives personalized attention and direct access to their attorney—not just a case manager or assistant.
• A laser-focused practice exclusively dedicated to personal injury and wrongful death law. We don’t spread ourselves thin across multiple practice areas—we go deep.
• Trial-tested attorneys who are not afraid to take your case to court if the insurance company refuses to offer a fair settlement.
• Former defense insight—we know how insurance companies think and use that knowledge to our clients’ advantage.

Call (305) 638-4143 to request your free consultation.

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