Florida loses more children under the age of five to drowning than any other state in the country. In 2025, 112 children died from accidental drowning in Florida, the highest drowning total the state has ever recorded, according to the Florida Department of Children and Families. The majority of those deaths, roughly 65%, were children between the ages of one and three. Most drowned in residential swimming pools and retention ponds, the two leading drowning sites in the state.
These are not freak accidents. They are preventable tragedies caused by property owners who fail to install barriers, landlords who let pool fences fall into disrepair, HOAs that skip lifeguard coverage, hotels that ignore state safety codes, developers and water management districts that leave retention ponds unfenced and daycares that leave children unsupervised near water. When a child drowns because someone failed to meet a legal duty of care, that failure is actionable under Florida premises liability law.
If your child was injured or killed in a drowning accident in Florida, contact Mausner Group Injury Lawyers at 305-344-4878 for a free case review. These cases involve specific statutory obligations, and the evidence needed to prove them must be preserved quickly.
Why Florida’s Child Drowning Numbers Are So High
Florida’s drowning rate is not just the worst in the country. It is dramatically worse. The CDC ranked Florida first in the nation for unintentional drowning deaths among children ages one to four and ages zero to nine during its most recent reporting period. The state has held that ranking for years.
The reasons are structural. Florida has more residential swimming pools per capita than any other state. The climate means pools are accessible year-round. And many older homes were built before modern pool barrier requirements took effect, leaving backyard pools with outdated or nonexistent fencing.
The risk is especially acute for children with autism. Research cited by the National Autism Association and the American Red Cross found that children with autism spectrum disorder are 160 times more likely to drown than their neurotypical peers. Wandering behavior, which affects roughly half of children on the spectrum according to a Kennedy Krieger Institute study, draws these children toward water. In 2025 alone, 34 children with autism drowned in Florida. Drowning accounted for 91% of deaths among children on the spectrum age 14 and younger in studies reviewed by the National Autism Association.
These statistics are not just public health data. They are the foundation for why Florida law imposes specific safety obligations on anyone who owns, operates or controls a swimming pool.
Florida’s Residential Swimming Pool Safety Act
The Florida Residential Swimming Pool Safety Act, codified in Florida Statute Chapter 515, sets minimum safety requirements for residential pools. The law was enacted in 2000 specifically to reduce drowning deaths among young children. It applies to all new residential swimming pools built after October 1, 2000, and imposes requirements that must be met before a pool can receive a certificate of completion.
Under the Act, every residential pool must have at least one of the following safety features:
Pool barrier (fence/enclosure). A barrier at least 48 inches tall, measured from the outside ground level, surrounding the pool and separating it from direct access. The barrier must have no gaps wider than four inches, no more than a two-inch clearance from the ground, and a self-closing, self-latching gate that opens outward from the pool.
Safety pool cover. An approved cover that meets ASTM International standards and can support the weight of a child.
Exit alarms. All doors and windows providing direct access from the home to the pool must be equipped with exit alarms producing a minimum sound of 85 decibels at 10 feet.
Pool owners who fail to comply with these requirements face a second-degree misdemeanor charge. But the civil liability exposure is far more significant. Under the legal principle of negligence per se, a property owner who violates the Residential Swimming Pool Safety Act and a child drowns as a result is presumed negligent. The violation itself becomes the evidence.
The Attractive Nuisance Doctrine and Swimming Pools
Florida law generally limits the duty of care a property owner owes to trespassers. Under Florida Statute 768.075, property owners are not liable for injuries to uninvited adults who enter their property without permission. But the same statute explicitly preserves the common law attractive nuisance doctrine, and swimming pools are the textbook example of an attractive nuisance.
The attractive nuisance doctrine, drawn from the Restatement (Second) of Torts Section 339, holds that a property owner can be liable for injuries to a trespassing child if the owner knows or should know that children are likely to trespass near the hazard, the condition poses an unreasonable risk of death or serious injury to children, the child is too young to appreciate the danger, the cost of eliminating the hazard or protecting children from it is small relative to the risk, and the owner fails to take reasonable steps to protect children.
A residential swimming pool with no fence, a broken gate latch or a gap in the barrier that a child can crawl through checks every one of those boxes. If a neighbor’s child wanders into a yard and drowns in an unprotected pool, the pool owner can be held liable even though the child was technically trespassing.
Who Can Be Held Liable for a Child Drowning in Florida
Drowning liability is not limited to the homeowner with the backyard pool. Retention ponds, community lakes and stormwater basins all carry their own liability frameworks. Depending on where the drowning occurred, multiple parties may be responsible.
Residential Pool Owners
Homeowners and landlords who own residential pools owe a duty of care to anyone they invite onto their property and, under the attractive nuisance doctrine, to children who may trespass. A homeowner whose pool fence does not meet the requirements of Florida Statute Chapter 515, or whose gate latch is broken, or who allows a pool to remain accessible without any barrier at all, is liable for a drowning that results from that failure.
Landlords who rent properties with pools bear additional responsibility. If a landlord knows the pool barrier is deficient and fails to repair it, and a tenant’s child or a neighbor’s child drowns, the landlord can be held directly liable for negligent maintenance of the premises.
HOAs and Community Pool Operators
Homeowners associations that operate community pools owe a heightened duty of care because they control the premises and set the rules for pool use. An HOA may be liable for a child drowning when the community pool lacks required safety barriers, gate access is unrestricted and allows unsupervised children to enter the pool area, the HOA fails to post required signage (depth markers, no diving, no lifeguard on duty), or maintenance of safety equipment like life rings, reaching poles and first aid kits is neglected.
Retention Ponds and Stormwater Basins
Retention ponds are the leading site of child drowning deaths in Florida, surpassing even residential swimming pools. South Florida alone has thousands of stormwater retention basins, many located steps from residential neighborhoods, playgrounds and school zones. Unlike swimming pools, Florida law does not require retention ponds to be fenced. The governing regulation, Rule 40C-42.025 (Design and Performance Criteria for Stormwater Management Systems), requires that normally dry basins designed to impound more than two feet of water or permanently wet basins “shall be fenced or otherwise restricted from public access, or shall contain side slopes that are no steeper than 4:1 (horizontal:vertical) out to a depth of two feet below the control elevation.” In practice, many retention ponds across Florida fail to meet even this minimal standard. Proving liability in a retention pond drowning case requires showing that the water management district, the developer or the HOA responsible for maintaining the pond deviated from the design and performance criteria governing its construction. A pond with slopes steeper than the 4:1 ratio that lacks fencing is a code violation, and that violation is the foundation of a negligence claim. These cases protect children, elderly residents, individuals with disabilities and children with autism who are especially vulnerable to wandering near unfenced water.
Hotels, Resorts and Short-Term Rentals
Hotels and resorts in Florida are held to the standard of care owed to business invitees, which is the highest duty under premises liability law. A hotel that maintains a swimming pool must ensure the pool area is free from unreasonable hazards during all hours that guests have access. Liability can arise from failure to post a lifeguard during posted swim hours, inadequate fencing or access controls that allow children to reach the pool unsupervised, failure to comply with Florida Building Code swimming pool barrier requirements, and broken or missing safety equipment.
Short-term rental properties listed on platforms like Airbnb and VRBO present similar issues. Property owners who rent homes with pools to families owe the same duty of care as any other property owner. If the rental listing does not disclose the pool hazard, or if the pool lacks required barriers, the property owner and potentially the management company can be held liable.
Daycares, Schools and Supervised Facilities
Any facility that accepts responsibility for supervising children owes those children a duty of care proportional to their age and capacity. A daycare that takes children to a pool, a school that operates an aquatics program, or a summer camp with waterfront access must provide supervision adequate to prevent drowning. A single momentary lapse in supervision can be enough to establish liability when the victim is a toddler or a child with special needs who requires closer monitoring.
Product Manufacturers
In some cases, the pool barrier itself is the problem. A gate latch that fails to self-close, a pool alarm that does not activate, or a pool cover that does not meet ASTM standards can make the manufacturer liable under Florida product liability law. These claims can be pursued alongside premises liability claims against the property owner.
Proving a Drowning Premises Liability Claim in Florida
To recover compensation in a child drowning case, you must prove that the defendant owed a duty of care to the child, the defendant breached that duty through an act or omission, the breach caused the drowning, and the drowning resulted in compensable damages.
The evidence that builds these cases includes:
Property inspection records. Documentation showing whether the pool barrier met the requirements of Florida Statute Chapter 515 at the time of the drowning.
Code violation history. Records from the county building department or code enforcement showing prior citations or complaints about the pool barrier.
Surveillance footage. Many community pools, hotels and commercial properties have security cameras that capture the moments before and during a drowning.
Witness statements. Testimony from people who saw the child enter the pool area, the condition of the gate or fence, and the response time of anyone providing supervision.
Incident and inspection reports. Hotels, HOAs and commercial pools are required to document incidents. These reports often contain admissions about the condition of safety equipment.
Autopsy and medical records. In fatal drowning cases, the medical examiner’s report establishes cause of death and can identify whether delayed rescue or inadequate emergency response contributed to the outcome.
Time is a factor in these cases. Property owners who realize they may face liability often repair barriers, replace equipment and alter records after a drowning. A spoliation letter from your attorney sent within days of the incident legally requires the property owner to preserve all evidence related to the pool’s condition and the drowning itself.
Florida’s Comparative Fault Law in Drowning Cases
Under HB 837, Florida’s modified comparative negligence rule bars recovery if the plaintiff is found 51% or more at fault. In child drowning cases, the defense will often argue that the parents failed to supervise the child, that the child was trespassing, or that the parents were aware of the pool and accepted the risk.
These arguments face significant legal obstacles. Children under six are generally considered incapable of contributory negligence under Florida law because they cannot appreciate danger the way an adult can. The attractive nuisance doctrine exists specifically to prevent property owners from shifting blame to children who wander onto their property.
Parental supervision arguments are more complex. Florida courts have held that a parent’s failure to supervise can reduce the recovery, but it does not eliminate the property owner’s liability for maintaining an unsafe condition. The property owner had a statutory obligation to install a barrier. The parent’s supervision lapse does not erase that obligation.
Damages in Florida Child Drowning Cases
The damages recoverable in a child drowning case depend on whether the child survived (near-drowning) or died.
In near-drowning cases where the child survives with injuries, the family can pursue compensation for emergency and ongoing medical treatment, rehabilitation and therapy costs, long-term care for brain injuries caused by oxygen deprivation, pain and suffering, and diminished quality of life. Submersion injuries frequently cause anoxic brain damage. Children who survive near-drowning events may require lifetime care, and the medical costs can reach into the millions.
In fatal drowning cases, Florida’s Wrongful Death Act (Florida Statute 768.16-768.26) allows the child’s parents to pursue compensation for funeral and burial expenses, lost future earnings, mental pain and suffering of the surviving parents, loss of the child’s companionship and guidance, and medical expenses incurred before death.
Contact a Florida Drowning Accident Attorney
If your child was injured or killed in a drowning accident caused by an unsafe pool, an unfenced retention pond, a missing barrier or inadequate supervision, Mausner Group Injury Lawyers can investigate the property owner’s compliance with Florida’s pool safety laws and pursue every liable party. We represent families across Miami-Dade, Broward and Palm Beach counties.
Call 305-344-4878 for a free case review. There is no fee unless we recover compensation for you.
This page is for general informational purposes only and does not constitute legal advice. Florida law referenced includes the Residential Swimming Pool Safety Act (Florida Statute Chapter 515), Florida Statute 768.075 (premises liability and trespassers), the Restatement (Second) of Torts Section 339 (attractive nuisance), HB 837 (modified comparative negligence), Florida’s Wrongful Death Act (Florida Statute 768.16-768.26) and Florida Statute 95.11 (statute of limitations). Laws change; consult a licensed Florida attorney for advice specific to your situation.
