Jacksonville Child Drowning and Pool Injury Lawyer

Florida loses more young children to drowning than any other state, year after year. Most happen in residential pools, in the few minutes an adult thought someone else was watching. A near-drowning can leave a child with permanent brain injury from lack of oxygen. When a pool was unfenced, a gate didn’t latch, a lifeguard wasn’t there, or a swim instructor looked away, Florida law allows the family to hold the responsible party accountable.

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Free and confidential. No fee unless we recover compensation; costs and expenses may apply.

Where Jacksonville Children Drown and Nearly Drown

  • Backyard pools at a friend’s, a relative’s or a short-term rental

  • Apartment, condo and HOA pools with broken gates, no lifeguard and missing rescue equipment

  • Hotel and resort pools, including at the Beaches and Ponte Vedra

  • Swim lessons and summer camps

  • Daycares with pools, ponds or retention areas on or next to the property

  • Boats, docks and the St. Johns River and Intracoastal

  • Bathtubs and buckets in daycare or foster settings

  • Retention ponds in subdivisions, which are unfenced and everywhere in Northeast Florida

Florida’s Pool Barrier Law

The Residential Swimming Pool Safety Act (Chapter 515, Florida Statutes) requires a residential pool built or substantially modified since 2000 to have at least one approved safety feature, such as a barrier with a self-closing, self-latching gate, an approved safety cover, exit alarms on doors and windows opening to the pool, or self-closing, self-latching doors. A homeowner, landlord or rental host whose pool had none of these when a child got in has violated a statute written specifically to protect children, which is strong evidence of negligence.

Public and semi-public pools (apartments, hotels, HOAs, water parks) are regulated separately by the Florida Department of Health, with rules for barriers, depth markings, rescue equipment, chemical levels, drain covers and, in some settings, lifeguards. We obtain the DOH inspection history for every pool we investigate.

The Attractive Nuisance Rule

Florida recognizes that a pool draws children, including children who were not invited. A property owner who knows children are nearby and leaves a pool open can be liable even to a child who was technically trespassing. This is one of the few areas where a child’s “wandering in” does not defeat the case.

Near-Drowning Cases

A child who survives several minutes without oxygen may face hypoxic brain injury, seizures, lasting motor impairment, and lifelong care. These are among the largest child injury claims in Florida because the life-care plan runs for decades. We work with pediatric neurologists, life-care planners and economists, and we structure the recovery through a special-needs trust so the child keeps Medicaid and SSI.

Who May Be Responsible

  • The homeowner or short-term rental host, and their homeowner’s or host-protection insurance

  • The landlord, HOA or management company for a community pool

  • The hotel or water park operator

  • A swim school, camp or daycare and its insurer

  • A boat operator or marina

  • A product manufacturer for a defective gate latch, drain cover or flotation device

Deadlines

Two years for an injury; two years for a wrongful death. Claims against a city or county pool or park require written notice before suit. Gates get fixed and signs go up within days of a drowning; photograph everything before you leave, and call us the same week.

Frequently Asked Questions

My child got into a neighbor’s pool uninvited. Do we have a case?

Possibly. Under Florida’s attractive-nuisance doctrine, an owner who knows children are nearby and leaves a pool accessible may be liable even to an uninvited child. The pool barrier law also applies regardless of who the child is.

The apartment pool had a “swim at your own risk” sign. Does that end the case?

No. A sign does not excuse a broken gate, a missing drain cover, no rescue equipment or a failure to follow DOH rules. Apartment complexes are held to the standard the regulations set.

Can we recover if a friend’s parent was supervising?

Yes, if the supervision was negligent. These cases are difficult because the responsible adult is often a friend, but the claim is against their homeowner’s insurance, not their savings, and it is the only way to fund a child’s long-term care.

What is a near-drowning case worth?

It depends on the child’s prognosis. A hypoxic brain injury with permanent impairment is valued on a life-care plan that can run for 70 years, which is why these claims often exceed the available insurance and require a search for every policy and every responsible party.

📞 Call (904) 619-5244 · Text Us · Free Case Review

Free and confidential. No fee unless we recover compensation; costs and expenses may apply.

Related: School and daycare injuries · Wrongful death of a child · Jacksonville child injury lawyer

Reviewed by Belkis Plata and Shannon Schott, attorneys Board Certified in Juvenile Law by The Florida Bar. Updated October 2026.