Swimming Pool Accident & Drowning Lawyer in Miami

Florida leads the nation in drowning deaths for children under five, and Miami-Dade County is one of the deadliest counties in the state. With nearly year-round swim weather and pools in virtually every apartment complex, hotel, and single-family home, drownings happen here in numbers that simply do not occur elsewhere. Most are preventable — a working pool fence, a properly maintained drain cover, a single lifeguard, or an alert adult would have changed the outcome. The Law Offices of Albert Goodwin represents Miami families in drowning, near-drowning, diving-injury, and pool-equipment cases.

Florida's Pool Safety Statute

The Florida Residential Swimming Pool Safety Act, Chapter 515 of the Florida Statutes, requires every new residential pool to have at least one of the following safety features:

• A pool barrier (fence) at least 48 inches high with self-closing, self-latching gates that open outward, and gaps small enough to prevent a child from passing
• An approved safety pool cover
• An exit-alarm on all doors and windows providing direct access from the home to the pool
• Self-closing, self-latching devices on all doors with direct access to the pool, installed no lower than 54 inches above the floor

Commercial pools — at hotels, apartments, condominiums, and clubs — are regulated separately under Chapter 514 and the Florida Building Code, with additional requirements for depth markings, fencing, lifeguards or "swim at your own risk" signage where lifeguards are not provided, working circulation and disinfection systems, anti-entrapment drain covers, and posted CPR instructions and 911 information.

The Virginia Graeme Baker Pool & Spa Safety Act

This federal law (15 U.S.C. § 8001 et seq.) requires anti-entrapment drain covers and, for pools with single main drains other than unblockable drains, a backup system to prevent suction-entrapment drowning. Pre-VGB drains have killed children by trapping them underwater through their hair or body parts; modern compliant covers eliminate that risk. Hotels and apartments that fail to update drain covers face significant liability when an entrapment drowning occurs.

Common Miami Pool Cases

• Apartment-complex drownings — broken or propped-open pool gates, missing safety covers, no lifeguard signage
• Hotel and resort drownings — particularly at South Beach, Brickell, and airport-area hotels
• Single-family home drownings — friends and neighbors at backyard pools where required barriers are missing
• Diving injuries — spinal cord injuries from diving into shallow water that was inadequately marked
• Suction-entrapment — children trapped against drain covers
• Drain-cover failures — older pools that were never updated to VGB-compliant covers
• Slip and fall on the pool deck — algae, missing slip-resistant surfaces, inadequate drainage
• Chemical injuries — chlorine and chemical overdoses, particularly at hotel and gym pools
• Near-drowning brain injury — children resuscitated after submersion but left with anoxic brain injury

Liability Theories

The defendants in a pool case depend on the property type. For apartment and hotel pools, the property owner and management company are typically liable for any failure to comply with code-mandated safety devices, post warnings, or maintain the pool in safe condition. For backyard pools at single-family homes, the homeowner is the primary defendant, and homeowner's insurance is the primary source of recovery. For drain-entrapment cases, the manufacturer, the contractor that installed the non-compliant cover, and the property owner all may be liable. For commercial pools without lifeguards, signage adequacy and AED/CPR-equipment availability become central issues.

Florida's Attractive Nuisance Doctrine

Florida treats swimming pools as attractive nuisances to young children — meaning a property owner may owe a duty of reasonable care even to a child trespasser who entered the property to reach the pool. This is why fencing and self-latching gates are so heavily regulated. A homeowner who removes or disables required pool barriers and whose pool then drowns a neighbor's child faces both a strong negligence case and, in extreme cases, possible criminal exposure.

Damages in Drowning and Near-Drowning Cases

In fatal drownings, damages are governed by the Florida Wrongful Death Act (§§ 768.16–768.26) and include mental pain and suffering for the parents and siblings, loss of services, and funeral and medical expenses. In near-drowning cases with anoxic brain injury, damages typically include a comprehensive life-care plan, past and future medical bills, lost earning capacity, pain and suffering, and loss of enjoyment of life. Many drowning settlements involve structured settlements designed to provide lifetime care funding for a brain-injured child.

Time Is Critical

Pool cases require immediate scene investigation. Drain covers can be replaced, fences repaired, surveillance footage overwritten, and witnesses dispersed within days. Sending preservation letters and getting an investigator (or attorney) to the property quickly is often the difference between winning and losing.

If your child or family member was the victim of a drowning, near-drowning, or pool injury in Miami-Dade or Broward County, contact the Law Offices of Albert Goodwin. Call 786-522-1411 or email [email protected] for a confidential consultation.