The Treasure Coast — Martin, St. Lucie, and Indian River Counties — is one of Florida's fastest-growing regions. The retirement communities of Stuart, Palm City, and Vero Beach, the rapidly expanding residential developments of Port St. Lucie, and the resort communities along the Atlantic coast all have a high concentration of residential and commercial pools. When a pool drowning or near-drowning occurs because a property owner failed to maintain safe conditions, Florida law provides a path to accountability.

At Juan Cordero Lawyers, we represent families throughout the Treasure Coast 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, including in the 19th Judicial Circuit Court serving Martin, St. Lucie, Indian River, and Okeechobee Counties.

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 the Treasure Coast's residential communities — where new developments are built in close proximity and children move freely between yards — an unfenced or inadequately fenced pool is a foreseeable hazard.

Retirement Community Pools — Stuart, Palm City, Hobe Sound Martin County's retirement communities — including the large planned communities along Kanner Highway and Salerno Road — operate community pools that serve hundreds of residents. Inadequate maintenance, broken gate hardware, and failure to enforce pool rules are recurring issues.

Rapidly Developing Residential Communities — Port St. Lucie Port St. Lucie is one of the fastest-growing cities in the United States. The rapid pace of residential construction has created a large stock of new homes with pools, many in communities where HOA pool maintenance has not kept pace with growth. Defective pool barriers in new construction are a significant source of drowning liability.

Resort and Hotel Pools — Hutchinson Island, Vero Beach The resort corridor along Hutchinson Island in St. Lucie County and the oceanfront hotels of Vero 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.

Public Pools — Treasure Coast Parks and Recreation Martin County, St. Lucie County, and Indian River County all operate public pools. Claims against these counties 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 — failure to provide timely notice can bar the claim entirely.

Tradition Town Center Area — Port St. Lucie The Tradition community in western Port St. Lucie is a large master-planned development with numerous community pools. Claims against community development districts (CDDs) — which are quasi-governmental entities — may also implicate sovereign immunity notice requirements.

Claims against Treasure Coast counties and municipalities 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. If your loved one was injured in a pool operated by a county, city, or community development district, contact an attorney immediately to preserve your notice rights.

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.

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 of wrongful death damages and the filing process, 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 — Martin County Fire Rescue, St. Lucie County Fire District, and Indian River County Emergency Services 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.
3. Document everything — Photograph the pool, fencing, gates, drain covers, and any posted rules or warnings.
4. Request records — Ask for the pool's inspection records, maintenance logs, and any prior incident reports.
5. Contact an attorney immediately — Sovereign immunity notice deadlines are strict and unforgiving.

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 Martin, St. Lucie, or Indian River 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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