Fort Myers, Cape Coral, and Lee County are among the fastest-growing regions in the United States. The retirement communities of Bonita Springs and Estero, the resort communities of Fort Myers Beach and Sanibel, and the rapidly expanding residential developments of Cape Coral and Lehigh Acres all have a high concentration of residential and commercial pools.

Hurricane Ian's catastrophic impact on Lee County in September 2022 added a new dimension to pool safety: damaged pool barriers, compromised fencing, and pools left in disrepair during reconstruction have created hazardous conditions throughout the region. Florida leads the nation in drowning deaths, and Lee County is one of the state's highest-risk counties.

At Juan Cordero Lawyers, we represent families throughout Southwest Florida — Lee, Collier, Charlotte, and Hendry Counties — who have lost a child or loved one in a pool drowning, or who are caring for a survivor with a hypoxic brain injury.

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

Violation of the Pool Safety Act is evidence of negligence per se. Commercial pools must also comply with Florida Department of Health regulations (64E-9, Fla. Admin. Code) and the Virginia Graeme Baker Pool and Spa Safety Act (anti-entrapment drain covers).

Hurricane Ian made landfall in Lee County on September 28, 2022, as one of the most destructive hurricanes in Florida history. The storm caused widespread damage to pool barriers throughout the county, including:

• Destroyed or damaged pool fencing and enclosures
• Broken or missing self-closing gate mechanisms
• Damaged pool covers that no longer meet ASTM standards
• Pools left open and unguarded during the reconstruction period

Property owners who failed to restore required pool barriers after Hurricane Ian may be liable for drownings that occurred during the reconstruction period. If your loved one drowned in a pool with storm-damaged barriers, contact an attorney immediately to evaluate the property owner's liability.

Florida's Attractive Nuisance Doctrine holds that a property owner may be liable for injuries to a child trespasser when the pool poses an unreasonable risk of death or serious injury to children who, because of their youth, cannot appreciate the danger. In Lee County's densely developed residential communities — and particularly in the post-Ian reconstruction zones where fencing was damaged — an unfenced or inadequately fenced pool is a foreseeable hazard.

Resort and Hotel Pools — Fort Myers Beach, Sanibel, Captiva The resort corridor along Fort Myers Beach and the island communities of Sanibel and Captiva operate pools that attract tourists and seasonal residents. Post-Ian reconstruction has created additional hazards at many of these properties. Inadequate lifeguard staffing and failure to maintain required safety equipment are common issues in resort pool litigation.

Apartment and Condominium Pools — Cape Coral, Bonita Springs, Estero Lee 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 — Cape Coral, Lehigh Acres, Gateway Cape Coral — with one of the largest street networks of any city in the United States — has a very 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.

Retirement Community Pools — Bonita Springs, Estero, North Fort Myers Lee County's large retirement communities operate community pools that serve hundreds of residents. Inadequate maintenance and failure to enforce pool rules are recurring issues.

Lee County and City of Fort Myers Public Pools Lee County and the City of Fort Myers operate public pools. Claims against these entities 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 within 3 years of the incident.

Collier County — Naples, Marco Island Our firm also represents clients in Collier County, including Naples and Marco Island. The resort pools of Naples and the vacation rental homes of Marco Island are subject to the same Florida pool safety requirements. Claims against Collier County are also subject to sovereign immunity notice requirements.

Claims against Lee County, the City of Fort Myers, or any Florida state agency require strict compliance with Florida's sovereign immunity notice statute. Under §768.28(6), Fla. Stat., a claimant must:

1. Present a written notice of claim to the agency within 3 years of the incident
2. Wait 180 days for the agency to investigate and respond before filing suit
3. File suit within the applicable statute of limitations after the notice period

Failure to provide timely notice is a complete bar to the claim.

Many pool drowning victims — particularly children — are resuscitated but suffer permanent hypoxic-ischemic encephalopathy (HIE), a brain injury caused by oxygen deprivation. 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. For more on HIE, see our HIE Lawyer Florida — Hypoxic-Ischemic Encephalopathy.

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, lost support and services, medical and funeral expenses, and lost net accumulations.

Florida's 2023 tort reform shortened the wrongful death statute of limitations to 2 years from the date of death. For a full explanation, see our guide to Florida wrongful death lawsuits.

For a detailed explanation of Florida's injury filing deadlines, see our article on Florida Statutes §95.11 and injury claim deadlines.

1. Call 911 immediately — Lee County EMS and Fort Myers Fire Department respond to pool emergencies.
2. Preserve the scene — Do not allow the property owner to repair or alter pool barriers before an attorney can inspect. This is especially important in post-Ian reconstruction zones where barrier damage may be the basis of liability.
3. Document everything — Photograph the pool, fencing, gates, drain covers, and any posted rules or warnings. Note whether a lifeguard was present and document any storm damage to barriers.
4. Request records — Ask for the pool's inspection records, maintenance logs, and any prior incident reports.
5. Contact an attorney immediately — Evidence is time-sensitive and sovereign immunity notice deadlines are strict.

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.

If your child or loved one was injured or killed in a pool drowning in Fort Myers, Cape Coral, Bonita Springs, or anywhere in Lee or Collier 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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