Jacksonville is the largest city by land area in the contiguous United States, and Duval County's sprawling residential development — from the Southside and Mandarin to the Beaches communities of Jacksonville Beach, Neptune Beach, and Atlantic Beach — creates a vast landscape of residential and commercial pools. Florida leads the nation in drowning deaths, and the Jacksonville metro area is no exception.

When a pool 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 the Jacksonville metro area — Duval, St. Johns, Clay, and Nassau 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).

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 Jacksonville's large residential subdivisions — where homes sit close together and children move freely between yards — an unfenced or inadequately fenced pool is a foreseeable hazard.

Apartment and Condominium Pools — Southside, Mandarin, Baymeadows Jacksonville's large apartment corridor along the Southside — including the Baymeadows, Deerwood, and Mandarin areas — contains hundreds of apartment complexes with pools. Inadequate maintenance, broken gate hardware, and failure to enforce pool rules are recurring issues in apartment pool litigation.

Resort and Hotel Pools — Jacksonville Beach, Ponte Vedra The resort corridor along Jacksonville Beach and the luxury hotels of Ponte Vedra Beach operate pools that attract tourists and seasonal residents. Inadequate lifeguard staffing and failure to maintain required safety equipment are common issues in resort pool litigation.

Backyard Pools — St. Johns County, Clay County The rapidly growing residential communities of St. Johns County — including Nocatee, Ponte Vedra, and St. Augustine — and Clay County's Fleming Island and Orange Park 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.

JTA and City of Jacksonville Public Pools The City of Jacksonville operates public pools through its Parks, Recreation and Community Services Department. Claims against the City of Jacksonville 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 city within 3 years of the incident.

UF Health and Baptist Medical Center Area Hospitals and medical facilities in Jacksonville — including UF Health Jacksonville and Baptist Medical Center — operate therapy pools and aquatic rehabilitation facilities. Claims arising from supervised aquatic therapy sessions may involve both premises liability and medical negligence theories.

Claims against the City of Jacksonville (a consolidated city-county government) and Duval County 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 in near-drowning cases. 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 — Jacksonville Fire and Rescue responds to pool emergencies throughout Duval County.
2. Preserve the scene — Do not allow the property owner to repair or alter pool barriers before an attorney can inspect.
3. Document everything — Photograph the pool, fencing, gates, drain covers, and any posted rules or warnings. Note whether a lifeguard was present.
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 Jacksonville, St. Johns County, Clay County, or Nassau 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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