Swimming Pool and Drowning Accident Claims in Florida

With pools in nearly every neighborhood, Florida sees drowning and near-drowning incidents that are often preventable with proper safety measures.

Written by the Florida Injury Team Legal Content Team · Reviewed for accuracy by our network of licensed Florida attorneys · Learn about our editorial process

Florida's pools and waterways create year-round drowning risk

With a pool in nearly every backyard, resort, and apartment complex, Florida has one of the highest drowning rates in the country, especially among young children. When a pool accident happens because of unsafe conditions or inadequate supervision, the property owner or operator can be held responsible.

What makes a pool unreasonably dangerous

• Missing or broken fencing, gates, or alarms required by Florida's pool safety laws
• No lifeguard where one is expected, such as a hotel or public pool
• Slippery deck surfaces without adequate anti-slip treatment
• Faulty or missing pool drain covers, which can cause dangerous suction entrapment
• Poor lighting or visibility around the pool area at night

Florida's pool safety laws

The Residential Swimming Pool Safety Act requires new residential pools to have at least one safety feature, such as an approved barrier, pool alarm, or self-closing/self-latching door. A property that ignores these requirements may be found negligent if a drowning or near-drowning occurs.

Non-fatal drownings can still cause life-changing harm

Near-drowning incidents can cause anoxic brain injury from oxygen deprivation, even if the victim survives and appears to recover initially. These cases often require significant, ongoing medical and rehabilitative care.

What to do after a pool accident

• Get emergency medical care immediately — even a brief submersion can cause internal injury
• Document the pool's safety features, or lack of them, with photos
• Identify who owns and manages the property or pool
• Get contact information for anyone who witnessed the incident