Broward County Pool Drowning Lawyer — Fort Lauderdale Premises Liability
A Broward County pool drowning lawyer explains Florida pool safety law, the Attractive Nuisance Doctrine, and how to pursue a wrongful death or catastrophic injury claim after a pool accident in Fort Lauderdale, Hollywood, or Pembroke Pines.
Broward County's year-round warm climate, dense residential development, and thriving tourism industry create a high concentration of pools — and a high rate of preventable drowning tragedies. From the resort pools of Fort Lauderdale Beach to the backyard pools of Pembroke Pines, Miramar, and Coral Springs, pool drownings devastate families across Broward every year.
Florida consistently ranks first in the nation for child drowning deaths, and Broward County is one of the state's highest-risk counties. When a drowning or near-drowning occurs because a property owner, hotel operator, or apartment complex failed to maintain safe conditions, Florida law provides a path to accountability.
At Juan Cordero Lawyers, we represent families throughout Broward County who have lost a child or loved one in a pool drowning, or who are caring for a survivor with a hypoxic brain injury. Attorney Juan J. Cordero is a Top 100 Trial Lawyer with over 26 years of experience litigating premises liability cases throughout Florida.
Florida Pool Safety Requirements
The Florida Residential Swimming Pool Safety Act (§515.23–515.33, Fla. Stat.) requires every residential pool to be protected by at least one approved barrier:
- An enclosure at least 4 feet high that completely surrounds the pool with a self-closing, self-latching gate
- A safety pool cover meeting ASTM F1346 standards
- An exit alarm on all doors providing direct pool access
- A door alarm on all doors providing direct pool access
Failure to maintain any required barrier is evidence of negligence per se. Commercial pools — hotels, apartment complexes, condominiums, and water parks — must also comply with Florida Department of Health regulations (64E-9, Fla. Admin. Code), including anti-entrapment drain covers required by the Virginia Graeme Baker Pool and Spa Safety Act.
The Attractive Nuisance Doctrine in Broward Pool Cases
Florida's Attractive Nuisance Doctrine holds that a property owner may be liable for injuries to a child trespasser when:
- The owner knew or should have known children were likely to trespass
- The pool poses an unreasonable risk of death or serious injury to children
- The child, because of youth, did not appreciate the risk
- The burden of eliminating the danger was slight compared to the risk
- The owner failed to exercise reasonable care
In Broward County's densely developed residential communities — where homes sit close together and children routinely move between yards — an unfenced or inadequately fenced pool is a foreseeable hazard. A child who wanders into a neighbor's yard and drowns may have a claim even as a technical trespasser.
Broward County Pool Venues and High-Risk Locations
Fort Lauderdale Beach Resort Pools The hotel corridor along Fort Lauderdale Beach — including the stretch of A1A from Las Olas Boulevard north through Lauderdale-by-the-Sea — operates resort pools that serve thousands of guests. Inadequate lifeguard staffing, failure to enforce pool rules, and defective drain covers are recurring issues in hotel pool litigation.
Apartment and Condominium Pools — Hollywood, Pembroke Pines, Miramar Broward County's large apartment and condominium communities frequently operate pools with inadequate supervision and maintenance. When a resident's child drowns in a complex pool, the property management company and the homeowners' association may both be liable.
Backyard Pools — Coral Springs, Weston, Plantation Broward's western communities — Coral Springs, Weston, Plantation, and Davie — have a high density of single-family homes with private pools. Broken gate latches, missing self-closing mechanisms, and pool covers that do not meet ASTM standards are common causes of residential pool drownings.
Seminole Hard Rock Hotel & Casino Pool Area The Seminole Hard Rock Hotel & Casino in Hollywood operates a large pool complex. Claims against Seminole Tribe-owned properties involve tribal sovereign immunity, which significantly limits the ability to sue in state court. An attorney experienced in tribal immunity issues is essential for any claim arising on Seminole Tribe property.
Public Pools — Broward County Parks Broward County operates public pools through its Parks and Recreation Division. Claims against Broward County are subject to the Florida Sovereign Immunity Act (§768.28, Fla. Stat.), which caps damages at $200,000 per person and $300,000 per incident. Notice of claim must be filed with the county within 3 years of the incident.
Hypoxic Brain Injury After Near-Drowning
Many pool drowning victims — particularly children — are resuscitated but suffer permanent hypoxic-ischemic encephalopathy (HIE), a brain injury caused by oxygen deprivation during submersion. The severity ranges from mild cognitive impairment to a permanent vegetative state requiring lifetime nursing care.
The lifetime cost of care for a child with severe HIE can exceed several million dollars. Our firm works with life care planners and economic experts to document the full scope of damages in near-drowning cases. For more on HIE and birth-related oxygen deprivation injuries, see our HIE Lawyer Florida — Hypoxic-Ischemic Encephalopathy.
Wrongful Death Claims in Broward Pool Drowning Cases
When a pool drowning results in death, the family may bring a wrongful death claim under the Florida Wrongful Death Act (§768.16–768.26, Fla. Stat.). Recoverable damages include:
- Survivors' mental pain and suffering — parents, children, and spouses of the deceased
- Lost support and services
- Medical and funeral expenses
- Lost net accumulations — the estate's loss of future earnings
Florida's 2023 tort reform shortened the wrongful death statute of limitations to 2 years from the date of death. For a full explanation of wrongful death damages and the filing process, see our guide to Florida wrongful death lawsuits.
Statute of Limitations for Broward Pool Drowning Claims
| Claim Type | Deadline | Statute |
|---|---|---|
| Personal injury (non-fatal drowning) | 2 years from injury | §95.11(3)(a) |
| Wrongful death | 2 years from date of death | §95.11(4)(d) |
| Claim against Broward County | 3 years (notice); then 2-yr suit | §768.28 |
| Minor's claim | Tolled until age 18, then 2 years | §95.051 |
For a detailed explanation of Florida's injury filing deadlines, see our article on Florida Statutes §95.11 and injury claim deadlines.
What to Do After a Broward Pool Drowning
- Call 911 immediately — Broward Sheriff's Office and local fire departments respond to pool emergencies. Request an ambulance even if the victim appears to have recovered.
- Preserve the scene — Do not allow the property owner to repair or alter pool barriers, drain covers, or safety equipment before an attorney can inspect.
- Document everything — Photograph the pool, fencing, gates, drain covers, and any posted rules or warnings. Note whether a lifeguard was present and whether the pool was properly marked.
- Request records — Ask for the pool's inspection records, maintenance logs, and any prior incident reports.
- Contact an attorney immediately — Evidence is time-sensitive. Our firm can send an investigator to the scene quickly.
Our Results for Florida Injury Victims
Juan Cordero Lawyers has recovered tens of millions of dollars for injured Floridians, including a landmark $28.9 million negligent security settlement and a $15.1 million verdict for a catastrophically injured client. See our full verdicts and settlements.
We handle all pool drowning cases on a contingency fee basis — you pay nothing unless we win.
Contact a Broward County Pool Drowning Lawyer Today
If your child or loved one was injured or killed in a pool drowning in Broward County, contact Juan Cordero Lawyers immediately. We are available 24 hours a day, 7 days a week.
Call or text: 305.525.8957
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Written by
Juan J. Cordero, Esq.
Personal injury attorney with 26+ years of experience. Combat veteran, Adjunct Professor of Law, and Top 100 Trial Lawyer fighting for injured clients throughout Florida.
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