HomeBoca Raton Drowning Accident LawyerChild Drowning Accident Lawyer

Boca Raton & Palm Beach County, FL

Boca Raton Child Drowning Accident Lawyer
No Family Should Go Through This. Someone Is Responsible.

Drowning is the leading cause of accidental death for Florida children ages 1 to 4 — a devastating statistic driven almost entirely by preventable negligence. Broken pool gates. Unguarded community pools. Inadequate supervision at daycare facilities. When a child is lost to a drowning that should never have happened, Shiner Law Group fights for the accountability and compensation your family deserves.

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#1
Florida leads the nation in drowning deaths for children ages 1–4 — Centers for Disease Control
#2
Drowning is the 2nd leading cause of accidental death for children ages 5–14 in Florida, behind car crashes
~600
Florida children under 15 die or are hospitalized annually due to drowning — Florida Dept. of Health
2 yrs
Florida statute of limitations for wrongful death claims — from the date of death

The Property Owner's Insurer Is Already Working Against You

The moment your child drowns on someone else's property, the property owner's insurance company opens a file. Their adjusters and attorneys begin building a defense immediately. Your family needs representation now — not after you've spoken to their adjuster.

Evidence Must Be Preserved Within Days

Pool gate conditions, surveillance footage, maintenance records showing known defects, and prior incident reports are critical. Property owners will repair defective conditions quickly. Shiner Law Group issues preservation letters on day one.

A Personal Representative Must Be Appointed

Florida wrongful death claims require a court-appointed personal representative to file on behalf of the estate and surviving family. Our attorneys guide families through this process while handling every aspect of the legal claim.

Boca Raton Child Drowning Cases

Child Drowning in Boca Raton — Holding the Responsible Party Accountable

Every child drowning in Boca Raton leaves a family shattered — and nearly every one was preventable. Florida law is clear: pool owners have a duty to protect children from access to pools through compliant barriers. When a child dies or suffers brain injury because a gate was broken, a fence was too short, or a community pool was left unguarded, the property owner bears full civil liability under both premises liability law and Florida's attractive nuisance doctrine.

The attractive nuisance doctrine is particularly powerful in child drowning cases. It holds that property owners can be liable for injuries to children who are attracted to dangerous conditions on their property — even if the child was trespassing. Because swimming pools are inherently attractive to children, owners cannot simply lock a gate and consider their duty fulfilled. They must maintain all barriers in working order, continuously and proactively. When they fail, the law holds them responsible.

Child drowning cases in Boca Raton involve a range of settings: neighbor pools accessed through broken fences, HOA community pools with inadequate supervision, apartment complex pools with code-violating barriers, daycare and school pools, and hotel pools without adequate lifeguard coverage. Each setting involves different liable parties — and our attorneys pursue every one while shielding your family from the legal process as much as possible during this devastating time.

For families of children who survived with brain injuries: Near-drowning anoxic brain injury is often a lifetime sentence. Children who survive drowning with brain damage face decades of specialized medical care, educational intervention, therapeutic services, and lost lifetime potential. Our attorneys work with life care planners and economic experts to fully document and pursue every dollar of future care your child will need.

Where Child Drownings Happen in Boca Raton

Apartment Complex Pools — Families with Young ChildrenHigh-density apartment communities throughout Boca Raton house families with toddlers near pools that may not meet Florida's 4-foot barrier requirement
HOA & Community PoolsBoca Raton's hundreds of HOA communities operate community pools — board-managed facilities where maintenance negligence creates liability for drownings
Neighbor Residential PoolsChildren in Boca Raton's family neighborhoods frequently access neighbor pools through broken or missing fence sections — triggering attractive nuisance liability
Daycare & Preschool Facilities with PoolsLicensed childcare facilities in Boca Raton that operate pools have heightened supervision duties — inadequate supervision ratios create direct liability for child drownings
Hotel & Resort PoolsBoca Raton's resort properties attract families — child drownings at hotels involve commercial pool liability with high-value defendants
Vacation Rental Properties (Airbnb/VRBO)Short-term rental homes with pools throughout Boca Raton increasingly host families with children — hosts and platforms face liability for inadequate pool safety measures
How Drownings Happen

How Child Drownings Happen in Boca Raton — Preventable Negligence Every Time

Child drownings do not happen in an instant — they happen because someone failed a clear legal duty that existed specifically to protect children from this exact risk.

Broken or Unlocked Pool Gate

Florida's pool barrier law (Fla. Stat. 515.29) exists specifically to prevent child drownings. A gate that doesn't latch, a fence with gaps, or a barrier below 4 feet is a statutory violation — and a direct cause of child drowning deaths.

Inadequate Supervision at Daycare or School

Licensed childcare facilities operate under strict child-to-supervisor ratios. When a child drowns because a facility failed to maintain adequate supervision near water, the operator faces direct liability for that staffing failure.

HOA Deferred Pool Maintenance

HOA boards that receive maintenance requests for broken pool gates and defer repairs to save money face direct liability when a child drowns as a result. Board meeting minutes and maintenance request logs document this negligence explicitly.

Defective Pool Drain Entrapment

Children's hair, limbs, and small bodies are particularly vulnerable to pool drain entrapment. Non-compliant drains trap children underwater in seconds — the manufacturer and property owner share liability under federal and state law.

No Pool Alarm or Safety Cover

Florida law provides multiple compliance pathways — fence, alarm, cover, or door alarm. Property owners who select a safety cover or door alarm option but fail to maintain it in working order create the same liability as those with no barrier at all.

Delayed Emergency Response

The speed of rescue response determines whether a child survives — and whether they survive with brain damage. Property owners whose staff failed to respond or who lacked required rescue equipment face liability for every consequence of that delayed response.

Injuries & Conditions

Injuries We Represent

  • Wrongful death — the most common outcome in toddler and young child pool drowning cases
  • Anoxic brain injury — permanent, severe cognitive impairment when oxygen is cut off for 4+ minutes
  • Hypoxic brain injury — lasting neurological damage even with partial oxygen
  • Permanent vegetative state requiring lifetime institutional care
  • Developmental regression in young survivors
  • Seizure disorders resulting from brain hypoxia
  • Pulmonary injury from water aspiration
  • PTSD in siblings and parents who witnessed the incident
Compensation Available

What Can You Recover?

Wrongful Death — Family Recovery

Under Florida's Wrongful Death Act: funeral expenses, lost future financial support, loss of companionship, and mental pain and suffering for each surviving parent and sibling

Child's Lost Lifetime Earnings

A deceased child's projected lifetime earning capacity — calculated through expert economic testimony — is a major wrongful death damages component

Medical Expenses

All emergency, ICU, and hospitalization costs from rescue through the child's death or stabilization

Lifetime Care Costs

Survivors with brain injury may require decades of specialized pediatric care, educational support, and therapeutic services — fully documented by life care planners

Mental Anguish

Florida law explicitly allows parents to recover for the mental pain and suffering of losing a child to wrongful death

Punitive Damages

When property owners knowingly ignored defective pool barriers that children could access, punitive damages are available to punish the egregious conduct

After a Child Drowning

Steps That Protect Your Claim

1

Focus on Your Child — Call 911

Get emergency help immediately. Every second of delayed oxygenation increases brain injury severity. Do not leave the scene or disturb the pool area.

2

Photograph Everything Before Anyone Repairs Anything

Document the pool gate, fence, drain covers, warning signs, and any visible code violations before the property owner has any opportunity to make repairs.

3

Request the Incident Report

Ask property managers or staff to document the incident and provide a copy. Their account of events — made before attorneys are involved — is valuable evidence.

4

Do Not Give a Recorded Statement

The property owner's insurer may call quickly and request a recorded statement. Do not provide one without an attorney present — these statements are used to minimize your claim.

5

Document Your Family's Losses

Keep records of every medical appointment, every therapy session, every medication, and every impact on your family's daily life — from the moment of the incident forward.

6

Call Shiner Law Group

(561) 777-7700 — we handle every aspect of the legal claim so your family can focus on healing. Free consultation, no obligation, no upfront fees.

Why Shiner Law Group

Why Boca Raton Families Choose Us

Proven Results

Millions recovered for accident victims throughout Boca Raton and Palm Beach County. We know how to build maximum-value cases and fight insurer tactics.

Immediate Evidence Action

We act on day one to preserve surveillance footage, vehicle data, witness accounts, and any other time-sensitive evidence.

No Win, No Fee

Zero upfront costs. You pay nothing unless we win compensation for you. Call (561) 777-7700 for a free review anytime.

24/7 Availability

Car accidents don't follow business hours. Our Boca Raton attorneys are available around the clock — call or text any time.

Our Boca Raton Office

Visit Shiner Law Group's Boca Raton Office

7800 Congress Ave #108 — home and hospital visits available throughout Palm Beach County.

Address7800 Congress Ave #108
Boca Raton, FL 33487
Phone(561) 777-7700 — Available 24/7
HoursOpen 24/7 — nights & weekends included
Home & Hospital VisitsWe come to you anywhere in Palm Beach County
Se Habla EspañolBilingual staff serving all Boca Raton communities
FAQ

Child Drowning Questions Answered

Yes. Florida's attractive nuisance doctrine holds that property owners are liable for injuries to trespassing children who are attracted to dangerous conditions like swimming pools — because children lack the judgment to appreciate the danger. The owner's duty to maintain compliant barriers exists specifically to prevent trespassing child drownings.
Under Florida's Wrongful Death Act, the child's personal representative files the wrongful death claim on behalf of the estate and surviving family. Parents are typically the primary beneficiaries and can recover for funeral costs, the child's lost future earnings, and their own mental pain and suffering. Our attorneys guide families through the appointment of a personal representative and all filing requirements.
Florida's Wrongful Death Act allows parents of a deceased minor child to recover: funeral and burial expenses, medical expenses incurred before death, the child's lost earning capacity from age 18 forward, loss of companionship and protection, and each parent's mental pain and suffering. These are significant damages — our attorneys fully document every element.
Near-drowning brain injury cases are often the most financially demanding of all personal injury cases. Children with anoxic brain injury may require specialized care, educational intervention, and supported living for their entire lives. Our attorneys work with life care planners and economists to fully quantify lifetime care costs and pursue the full amount from the responsible property owner.
Florida's statute of limitations gives you two years from the date of death for a wrongful death claim, or two years from the date of injury for a near-drowning personal injury claim. However, pool surveillance footage and maintenance records are destroyed quickly — contact Shiner Law Group immediately so evidence can be preserved.
Nothing upfront. Shiner Law Group handles all child drowning and wrongful death cases on a contingency fee basis — No Win, No Fee. Call (561) 777-7700 for a free, confidential consultation anytime.
Do I Have a Case?

Submit a FREE Case Review

Tell us about your Boca Raton child drowning accident accident — we'll evaluate your claim and explain your options.

1

Submit Your Case Details

Tell us what happened, where the crash occurred, and your injuries.

2

Case Evaluation

Our Boca Raton attorneys review your case and identify all liable parties.

3

We Fight for You

We build your claim, handle insurers, and fight for maximum compensation.

Free Boca Raton Child Drowning Accident Case Review

Confidential · No obligation · Available 24/7

Child Drowning in Boca Raton?
Your Family Deserves Justice. We Fight to Get It.

Shiner Law Group pursues full accountability against property owners, HOAs, and daycares responsible for child drowning deaths and injuries in Boca Raton. Free consultation 24/7. No Win, No Fee.

No Win, No Fee  ·  Free Consultation  ·  Se Habla Español  ·  7800 Congress Ave #108, Boca Raton, FL 33487