Pursuing Justice After a Drowning Accident
Robert Baker has taken on Days Inn twice for preventable pool drownings and won two wrongful death verdicts totaling $10 million. If you are searching for a drowning accident attorney in Florida, that record is the reason families call Baker Legal Team first. Florida’s coastlines, canals, pools, and waterways make drowning one of the most serious causes of accidental injury and death in the state, especially among children. When a drowning or near-drowning happens because of someone else’s negligence – an unsecured pool gate, a lack of lifeguard supervision, a defective drain, inadequate warnings – the law provides a path to accountability. Baker Legal Team represents families across Florida in these cases, bringing more than 35 years of focused water accident experience and Board Certified civil trial leadership to every claim.
Where Florida Drowning Accidents Happen
Drowning incidents occur across a wide range of settings in Florida. Understanding the location matters because it determines which laws apply, who owes a duty of care, and how liability is established. Our attorneys handle cases involving the following.
- Private and residential swimming pools – including HOA-managed community pools
- Hotel, resort, and apartment complex pools – where staffing and supervision failures are common
- Public beaches and ocean swimming areas
- Canals, lakes, and the Intracoastal Waterway
- Water parks and recreational facilities
- Marinas, boats, and personal watercraft
- Hot tubs and spas at commercial properties
Many of these incidents are preventable. When property owners, operators, or other responsible parties fail to meet their legal obligations, those failures can and should be examined. Our team has handled Florida swimming pool accident cases, water park accidents, and open-water incidents across the state. See our areas we serve for location-specific information.
Common Causes and How Liability Is Established
Negligence in drowning cases takes many forms. Florida’s Residential Swimming Pool Safety Act sets specific requirements for barriers, self-closing gates, and safety features at private pools. Commercial properties face additional regulatory obligations. When those standards are not met, or when a party simply fails to act with reasonable care, liability can follow.
Causes we frequently investigate include the following.
- Missing or defective pool fencing, gates, or drain covers
- Absence of adequate lifeguard supervision
- Failure to post warnings near hazardous water conditions
- Defective pool or watercraft equipment
- Hot tub temperatures exceeding safe limits
- Unsecured access points to residential canals or private pools
- Inadequate training of staff responsible for pool or waterway safety
- Alcohol service near pools or on watercraft without appropriate safeguards
Premises liability, product liability, and negligent supervision are the most common legal theories in these cases. Cases involving hotel pools often involve overlapping duties between property owners and management companies — an area where experienced legal counsel makes a significant difference.
Case Results in Florida Drowning and Wrongful Death Claims
Robert Baker’s record in these cases is public and verifiable. No two cases are alike, and results depend on the specific facts involved, but these outcomes show what thorough investigation and trial-ready preparation can achieve.
A wrongful death verdict after a child drowned in an unsupervised hotel pool with inadequate fencing. Read the full Days Inn $7 million case result.
A second wrongful death verdict against the same hotel chain for a preventable pool drowning tied to supervision failures. Read the full Days Inn $3 million case result.
A recovery for a family after a drowning tied to inadequate pool safety conditions at a private club. Read the full Strasnik v. Broken Sound case result.
Together, these three verdicts total more than $16 million, and they sit inside a broader track record of more than $400 million recovered for water accident victims and their families across Florida. If your case involves a wrongful death, our Florida wrongful death practice area page explains what damages surviving family members can pursue.
Florida's Statute of Limitations for Drowning and Wrongful Death Claims
Florida law gives surviving family members two years from the date of death to file a wrongful death claim after a fatal drowning. This deadline is strict. Once it passes, the court can bar the claim entirely, regardless of how strong the underlying negligence case is.
If the drowning victim survived, a separate and potentially different deadline applies to a personal injury claim. Near-drowning injuries, including brain injury from oxygen deprivation, often surface or worsen well after the initial incident, which makes early legal guidance important even when the deadline feels far away. Contact a drowning accident attorney as soon as possible so we can confirm which deadline applies to your specific case and begin preserving evidence before it disappears.
What to Do After a Drowning Accident in Florida
The steps your family takes in the hours and days following a drowning incident directly affect both the victim’s recovery and the strength of any future legal claim. If you are facing this situation:
- Call 911 immediately. Get emergency medical care for the victim. Near-drowning survivors often have delayed complications that require prompt evaluation.
- Notify the property owner or manager and ask for an incident report. Request a copy.
- Document the scene — photographs of the pool, access points, safety equipment (or absence of it), warning signs, and surrounding conditions.
- Collect witness information. Names and contact details for anyone present, including staff, lifeguards, or guests.
- Preserve physical evidence. Clothing and personal items from the scene may matter later.
- Do not give recorded statements to insurance representatives before speaking with an attorney.
- Contact a drowning accident attorney promptly. Evidence degrades and memories fade. Early legal intervention protects your family’s rights.
How We Build Your Case
Every drowning case demands a thorough, methodical investigation. At Baker Legal Team, our process begins the moment you contact us. We move quickly to:
- Conduct an independent investigation of the accident site
- Obtain emergency response reports, 911 recordings, and agency documentation
- Review security footage and maintenance records
- Interview witnesses and first responders
- Consult with aquatic safety and medical experts as needed
- Analyze compliance with Florida pool safety laws and local codes
- Negotiate with insurers — or take the case to trial if a fair settlement cannot be reached
Lead attorney Robert Baker is a Board Certified Civil Trial Lawyer — a distinction held by fewer than 1% of Florida attorneys. Board Certification in civil trial law signals advanced courtroom skill and a sustained record of handling complex civil litigation. When a case needs to go before a jury, our team is prepared.
Compensation Available in Florida Drowning Cases
Florida law allows drowning victims and their families to pursue compensation for the full range of losses these accidents cause. Depending on the facts of your case, recoverable damages may include:
- Emergency medical treatment, hospitalization, and rehabilitation
- Long-term care and ongoing medical needs
- Lost wages for the victim and family caregivers
- Pain and suffering, emotional distress, and diminished quality of life
- Funeral and burial expenses in fatal cases
- Wrongful death damages for surviving family members
- Punitive damages where conduct was especially egregious
Our firm has recovered more than $400 million for water accident victims and their families across Florida. Results include a $7 million recovery against a hotel where an unattended minor drowned in a pool area, and a $6 million recovery in a case where a commercial hot tub was maintained at an unsafe temperature. No two cases are alike, and we never promise a specific outcome — but our track record reflects what thorough preparation and experienced advocacy can achieve.
Why Florida Families Choose Baker Legal Team
Our firm exists for one purpose: water accident cases. We do not handle car accidents, slip-and-falls, or general personal injury claims. Every case we take, every expert relationship we build, and every legal argument we develop is rooted in water accident law. That focus produces results that generalist firms cannot replicate.
- 35+ years focused exclusively on water-related injury cases
- Board Certified Civil Trial leadership
- Over $400 million recovered for clients statewide
- Landmark verdicts that changed watercraft safety standards in Florida
- Free consultations, contingency fee — you pay nothing unless we recover
- Available 24/7, with services in English and Spanish
- Virtual and in-person meeting options
Hable con un Abogado en Español
Si su familia ha sido afectada por un accidente de ahogamiento en Florida, hablamos con usted en espanol. Baker Legal Team ofrece consultas gratuitas y confidenciales, sin costo alguno a menos que recuperemos una compensación para usted. Llame al 561-489-2909 para hablar hoy mismo con nuestro equipo.
FAQ
Frequently Asked Questions
Free consultations. No fees unless we win.
Can I sue if my child drowned at a hotel pool?
Yes, if the hotel failed to meet its duty of care, such as inadequate fencing, missing lifeguard coverage, or unsafe drain conditions. Florida’s “attractive nuisance” doctrine places a heightened duty on property owners when children are foreseeably present near water. Hotels frequently argue that a parent or guardian bears sole responsibility, but that defense does not automatically shield the property from liability. We investigate staffing records, maintenance logs, and prior incident history to determine whether the hotel’s negligence contributed to the drowning.
How long do I have to file a drowning accident lawsuit in Florida?
Wrongful death claims must be filed within two years of the date of death under Florida law. Personal injury claims from a non-fatal near-drowning follow a separate deadline that depends on the specific facts of the case. Missing either deadline can bar recovery entirely, so contact an attorney as soon as possible rather than waiting to see how the victim’s condition develops.
What if a lifeguard was on duty when the drowning happened?
The presence of a lifeguard does not end the inquiry. Liability can still exist if the lifeguard was inadequately trained, distracted, understaffed relative to pool capacity, or slow to respond. We review shift logs, training records, and, where available, video footage to determine whether the lifeguard on duty met the applicable standard of care, and whether the property itself created conditions that made a timely rescue harder.
Can I sue an HOA for a pool drowning?
Yes, if the HOA owned, controlled, or was responsible for maintaining the pool where the drowning occurred. HOAs that manage community pools have a duty to maintain required safety barriers, gates, and signage under Florida’s Residential Swimming Pool Safety Act. We evaluate the HOA’s maintenance records, board meeting minutes, and any prior safety complaints to build the liability case.
How soon should I contact a drowning accident attorney?
As soon as possible. Evidence, including security footage, pool maintenance logs, and witness recollections, deteriorates quickly. Florida’s statute of limitations also imposes deadlines on personal injury and wrongful death claims. Early contact with our team allows us to preserve evidence, secure records before they are lost, and begin building your case from the strongest possible position.
Are there upfront costs to hire your firm?
No. We handle all Florida drowning accident cases on a contingency fee basis. Our legal fees are only owed if we recover compensation for you. We also advance case costs, including investigation expenses, expert fees, and court costs, so your family bears no out-of-pocket burden while the case is pending.
Do you handle cases across all of Florida?
Yes. While our practice is rooted in South Florida, we represent families in drowning accident cases throughout the state. Visit our areas we serve page for a full list of locations where we work.
Contact Our Florida Drowning Accident Lawyers
If your family has been affected by a drowning accident anywhere in Florida, contact Baker Legal Team for a free, confidential consultation. We are available around the clock — call 561-489-2909 or reach out online. You pay nothing unless we recover for you.
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