There’s no greater tragedy for a family than losing a child to drowning or watching them suffer life-altering injuries. In Florida—where water is everywhere—child drownings happen far too often, many of which are preventable. As experienced premises liability lawyers, Ligori & Ligori Injury Attorneys represent families whose children have been harmed in drowning or near-drowning accidents caused by unsafe pool conditions, inadequate barriers, negligent supervision, or structural failures.
We bring decades of skilled advocacy to these emotionally devastating cases. Our firm holds AV Preeminent ratings, recognition by Best Lawyers, and membership in the Multi-Million Dollar Advocates Forum. You can trust us to pursue thorough, compassionate representation while holding careless property owners and operators accountable.
Florida leads the nation in child drownings. Young children under age 5 are particularly at risk, and even moments of inattention can become fatal. Because Florida’s climate, lakes, canals, pools, and beaches are so ubiquitous, drowning prevention must be a priority—and failures in safety should have consequences.
Why Child Drowning Cases Are Unique
Drowning incidents involving children differ sharply from other accident claims because they often involve multiple layers of negligence: improper barriers, poor supervision, dangerous drainage systems, lack of alarms, or defective pool components. These claims also require attention to doctrines like attractive nuisance, which imposes higher duties on property owners when dangerous features (like pools) are likely to draw children who cannot appreciate the risk.
Additionally, in Florida, residential pools are regulated by the Residential Swimming Pool Safety Act under Chapter 515, which mandates certain safety features such as barriers, alarms, and exit warning systems. Compliance or failure to comply with that law can significantly impact liability in drowning cases.
Common Causes & Contributing Factors
Many child drownings or near-drownings in Florida stem from one or more of these failures:
- Pools or spas without adequate fencing, self-latching gates, or barriers
- Doors or windows that open directly to water without warning alarms
- Broken or missing drain covers, entrapment risks, or suction issues
- Lack of pool covers or safety nets
- Poor or nonexistent lifeguard presence or supervision
- Defective safety equipment such as alarms, emergency shutoffs, or pool lighting
- Slippery surfaces, obstructed egress, or poorly maintained walkways
- Inadequate signage warning of depth changes or hazards
- Neglected maintenance that leads to structural issues or hidden hazards
Each of these defects increases the risk of a child entering water unsafely or being unable to extricate themselves if submerged.
Legal Grounds & Liability
To pursue a drowning or near-drowning claim in Florida, a legal case generally must prove:
- Duty of care — the property owner or operator had a legal obligation to keep the premises safe for children or guests.
- Breach of duty — failure to provide required barriers, alarms, maintenance, or supervision.
- Causation — that the breach directly led to the drowning or injury.
- Damages — medical costs, emotional distress, wrongful death, or lifelong care needs.
Due to attractive nuisance doctrine, property owners cannot simply assert that a child “should have known better.” Especially for younger children, courts often recognize that hazards like pools inherently demand higher protection.
Potential liable parties may include:
- Homeowners or landlords
- Condominium or apartment associations
- Hotel or resort operators
- Commercial pool owners or management companies
- Contractors or pool maintenance firms
- Manufacturers of pool-related equipment
Challenges & Common Defenses
In child drowning cases, defendants frequently raise these defenses:
- The incident was unforeseeable or an “accident”
- The child was negligent (though under age 6, children are often not considered legally negligent)
- Safety features were in place and reasonably maintained
- The drowning was caused by factors outside of the owner’s control (medical condition, sudden illness)
- Acts of third parties or rescuers intervened
Because these defenses can be strong, successful claims require robust evidence—inspection reports, expert testimony, maintenance logs, gun camera or surveillance, witness statements, pool compliance records, and photographs.
Warning Signs You Should Not Ignore
When visiting a property with a pool or water feature, especially with children present, watch for:
- Lack of fencing, broken gates, or gates that do not self-close
- Doors or windows that open directly to a pool area without alarms
- Missing or defective drain covers or visible suction hazards
- Neglected pool equipment, pumps, or filters
- Slippery decking, no nonslip surfaces, or poor walkway maintenance
- No depth markers or hazard signage
- Poor lighting around water edges
- Gaps between fence barriers or ladder access points
- History of pool-related incidents or complaints
Any of these conditions could be crucial evidence in a claim.
How Ligori & Ligori Represents Families
When a child is injured or lost in a drowning incident, swift action is essential. We approach these tragedies with care and legal rigor:
- Begin with a free case evaluation
- Conduct on-site inspections and document hazard conditions
- Request all maintenance, inspection, and safety compliance records
- Work with aquatic safety, engineering, and medical experts
- Identify all possible defendants (owners, operators, maintenance firms)
- Draft demands, negotiate with insurers, and when needed, litigate
- Support the family through emotional and logistical challenges
- Fight for maximum compensation, including damages for medical bills, pain and suffering, lost future income, and wrongful death
While no attorney can promise a result, our firm has experience in complex drowning and premises liability cases and is dedicated to pursuing accountability.
Immediate Steps After a Drowning or Near-Drowning
If your child has been involved in a drowning or near-drowning accident:
- Call 911 immediately and secure medical treatment
- Photograph the pool, fencing, signage, gates, and surrounding area
- Document doors, windows, and pathways that lead to the pool
- Request that the pool operator preserve surveillance footage and maintenance logs
- Collect contact information from any witnesses
- Preserve clothing and personal belongings from the incident
- Save any communication, notices, or complaints about pool safety
- Contact a premises liability and child injury attorney as soon as possible
Time is of the essence—evidence may be lost, records destroyed, or safety conditions altered after the incident.
Speak With a Child Drowning Accident Attorney in Florida
If a child has been harmed in a drowning or near-drowning incident due to negligent pool conditions or unsafe waterways, your family deserves justice, accountability, and support. Contact Ligori & Ligori Injury Attorneys today for a free, confidential consultation. We will evaluate your case, explain your child’s rights under Florida law, and fight to obtain the compensation and accountability your family needs.
