What should I do immediately after a drowning or near-drowning accident in Miami?

Call 911 and get emergency medical care right away. Document the scene, gather witness information, save photos or video, and avoid speaking with insurers until you consult a drowning accident lawyer to protect your rights.

Who can be held liable for a drowning accident in Florida?

Depending on the facts, liable parties may include homeowners or landlords, HOAs, hotels and resorts, public pool or water park operators, lifeguard companies, schools or camps, municipalities (with limits), and pool builders, maintenance contractors, or equipment manufacturers.

What if the drowning happened at a private home?

You may still have a claim. Florida property owners must maintain safe conditions. Lack of barriers or self-latching gates, inadequate supervision, unsafe access, or defective equipment can form the basis of a negligence claim.

What if there was no lifeguard on duty at a hotel or resort?

Hotels and resorts may still be liable if they failed to provide required safety measures, signage, maintenance, or comply with Florida pool safety laws. An attorney investigation can determine whether negligence occurred.

Can I file a lawsuit for a near-drowning incident?

Yes. Near-drownings can cause brain injury, respiratory damage, neurological harm, and long-term disability. Victims may recover medical costs, rehabilitation, lost income, and pain and suffering.

How long do I have to file a drowning accident claim in Florida?

Generally, Florida allows two years for wrongful death and typically two years for personal injury claims. Deadlines can vary, especially with minors or unique facts. Speak with an attorney promptly to confirm your timeline.

Do I need a lawyer for a drowning accident claim?

Drowning cases are complex and often involve multiple parties, safety rules, and expert testimony. A Miami drowning accident lawyer can investigate, preserve evidence, negotiate with insurers, and pursue maximum compensation.

How much does it cost to hire a Miami drowning accident attorney?

Bernstein & Maryanoff Injury Attorneys work on contingency. Your consultation is free, and you pay no fees unless we win.

Why choose Bernstein & Maryanoff for a drowning accident case?

With 40+ years of experience, our Miami team conducts thorough investigations, partners with aquatic and medical experts, handles insurers, and prepares every case for trial to hold negligent parties accountable.

Miami Drowning Accident Lawyer

The Miami drowning accident lawyers at Bernstein & Maryanoff, Injury Attorneys, have the knowledge and experience necessary to get you maximum compensation for your drowning or near‑drowning injuries.

If you need an injury attorney in Miami, call Bernstein & Maryanoff for results you can trust.

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Jack Bernstein, Personal Injury Lawyer In Miami

Our Proven Results Speak for Themselves

Since 1983, Jack G. Bernstein has fought for injury victims seeking compensation. He’s involved in every personal injury case handled by the experienced attorneys at his law firm, providing expert oversight for the personal injury lawyers at Bernstein & Maryanoff, and helping to ensure clients recover the maximum compensation available.

$3 million settlement

Wrongful death in motor vehicle accident.

$3 million settlement

Secured for a client with neck injuries in car accident.

$2.76 million Settlement

Wrongful death in motor vehicle accident.

$2.25 settlement

secured for a client with paralyzed in medical malpractice.

$2 million settlement

secured for a client with brain injury in medical malpractice.

$1.75 million Settlement

Secured for a client with burns and dystrophy in slip and fall accident.

Past Verdicts

How Our Experienced Miami Drowning Accident Lawyers Can Help

Many people picture drowning as loud cries for help and frantic splashing. In reality, most drownings are silent and often go unnoticed until it is too late. Drowning does not discriminate, it claims victims from new swimmers to elite athletes. According to the CDC’s 2024 Vital Signs report on rising drowning rates, more than 4,500 people drowned each year in the U.S. from 2020–2022, a troubling surge of roughly 500 additional deaths per year compared to pre-pandemic levels.

If you were hurt or lost a loved one in a drowning incident caused by someone else’s negligence, you have legal rights and options. At Bernstein & Maryanoff Injury Attorneys in Miami, FL, our team fights for your rights so you can pursue the justice and compensation you deserve. Speak with an experienced Miami drowning accident lawyer today to learn how to hold the responsible parties accountable.

Where Are Drownings Most Likely To Happen?

Drowning is the third leading cause of unintentional injury death worldwide, according to the WHO’s Global Status Report on Drowning Prevention 2024. Over 300,000 people died from drowning in 2021, and nearly a quarter of those victims were children under age 5. In the United States, drowning is the leading cause of death for children ages 1–4, and drowning rates among this age group rose 28% in 2022 compared to pre-pandemic levels, according to the CDC.

Location	Risk factors
Residential pools and hot tubs	No lifeguards, no designated water watcher, missing barriers or self-latching gates
Water parks	Inadequate supervision, equipment failures, lapses in safety procedures
Hotels and resorts	Unstaffed or limited-hours lifeguards, inexperienced swimmers, children without supervision
Public beaches	Rip currents, unpredictable water conditions, false confidence from shore proximity
Boating accidents	Failure to wear life jackets, operator inexperience, alcohol use on the water

Residential and Public Pool Drownings

A large share of fatal drownings involving children 5 and younger happen in residential pools and hot tubs. According to the CPSC’s 2024 Annual Drowning Report, 81% of fatal child drownings in the U.S. occur in residential settings, with 75% of pool-related victims being children under 5. These incidents often involve homes of friends or family where no trained lifeguard is present and no one has been designated as a dedicated water watcher.

Contributing factors at private swimming pools include the lack of pool fencing, failure to maintain a properly secured pool cover, and inadequate safety measures such as missing barriers or self-latching gates. While drownings can occur at public pools, the presence of trained lifeguards and established safety protocols generally lowers the risk compared to private settings.

Water Parks

Drowning incidents at water parks are uncommon, but serious injuries can occur due to rides, waves, or crowded conditions. When drownings or near drowning events do happen, they may involve inadequate supervision, equipment failures, or lapses in safety procedures. A premises liability claim may apply when a water park operator fails to maintain safe conditions.

Hotels and Resorts

Many hotels and resorts in Miami do not staff lifeguards, or only do so during limited hours. This can increase the risk of accidental drownings, especially for inexperienced swimmers or children, when supervision lapses or safety equipment is unavailable. If you were injured at a resort, the property owner may be held liable for failing to provide reasonable care and proper safety measures.

Public Beaches

Public beaches can pose risks even for strong swimmers. A significant share of fatal beach drownings are associated with rip currents, which can rapidly pull swimmers away from shore. If caught in a rip current, let it carry you outward without fighting it, then swim parallel to the shoreline to exit the current before returning to shore.

Boating Accidents

Drowning from boating accidents can be devastating. The USCG’s 2024 Rec r eational Boating Statistics report, which documented 556 boating-related deaths that year, shows why wearing a properly fitted, Coast Guard-approved life jacket is one of the most effective ways to reduce risk on South Florida’s busy waterways.

Florida’s Residential Pool Safety Act

To help prevent residential pool drownings, Florida enacted the Florida Residential Pool Safety Act. For residential pools built on or after October 1, 2000, properties must have at least one of the following safety features:

A compliant pool barrier or pool fencing
An approved pool cover
Alarms on all doors and windows leading to the pool area
A self-closing, self-latching device on all doors with direct pool access

These safeguards are minimum standards. Many families choose to implement multiple layers of protection. Swimming pool owners, including those with apartment complexes and residential pools, have a legal duty to comply with these requirements.

Common Causes of Drowning Accidents

Understanding why drowning accidents occur is as important as knowing where they happen. The following are the most common causes:

Cause	Details
Lack of supervision	Most drownings are preventable. When no lifeguard is present, designate a water watcher whose sole task is to actively supervise swimmers.
Overreliance on flotation devices	Items marketed as life vests are not substitutes for adult supervision. Certain swimming aids (e.g., puddle jumpers) can create a false sense of security.
Inability to swim	The CDC found that over 55% of U.S. adults have never taken a swimming lesson. Limited or no swimming skills significantly raise the likelihood of drowning, particularly for children who gain unsupervised access to home pools.
Alcohol or drug use	A meta-analysis cited by the CDC found that 31% of drowning deaths are attributable to alcohol. Impairment can disorient even experienced swimmers and dramatically increases the chance of a fatal event.

Consequences of Drowning Accidents

Drowning and near drowning events can cause catastrophic, lasting harm. Victims may suffer:

Brain hypoxia, where insufficient oxygen reaches the brain, potentially leading to traumatic brain injury
Anoxic or hypoxic brain injury, where prolonged oxygen deprivation causes death of brain tissue and permanent brain damage
Pulmonary complications, including fluid in the lungs and subsequent respiratory injury
Spinal cord injuries from diving or impact-related drowning accidents
Wrongful death

What Compensation Can You Recover After a Drowning Accident?

After a drowning accident, the financial, emotional, and physical toll can be severe. Florida law provides avenues for those affected to seek financial recovery. An experienced Miami drowning accident lawyer can guide you through the legal process so you can make informed decisions about pursuing compensation.

Compensation type	What it covers
Medical expenses	Emergency room visits, hospital stays, rehabilitative care, therapy, medication, and specialized equipment. Compensation includes both current and future anticipated medical bills.
Lost wages and earning capacity	If a drowning incident leads to an inability to work temporarily or permanently, the drowning victim or family members may claim compensation for lost wages and reduced future earning capacity.
Pain and suffering	Psychological trauma, anxiety, depression, mental pain, or loss of enjoyment of life. This category addresses the non-economic impacts on the victim and their family. Learn more about pain and suffering calculations.
Wrongful death damages	If a drowning is fatal, surviving family members may pursue a wrongful death claim to recover funeral costs, burial costs, loss of companionship, and the financial support that the deceased would have provided. See who can sue for wrongful death in Florida.

By working with a Miami drowning accident lawyer, you can explore each category of potential compensation and hold negligent parties accountable. At Bernstein & Maryanoff, we are committed to supporting your case and helping you move forward.

Drowning Accidents and Wrongful Death Claims

If you lost a loved one in a drowning accident, you may be able to pursue a wrongful death claim against the responsible parties. Under Florida’s Wrongful Death Act (§768.21), surviving family members, through a personal representative of the deceased’s estate, typically have two years from the date of death to file a wrongful death lawsuit.

To bring a wrongful death claim, you must establish the following four elements:

1. Duty of care: The responsible party (the defendant) owed your loved one a legal duty to act reasonably and maintain a safe environment.
2. Breach of duty: The party failed to act safely or violated applicable duties.
3. Causation: The defendant’s breach directly caused your loved one’s death.
4. Damages: You suffered financial and other losses, including medical expenses, funeral costs, burial costs, and lost wages, due to the death.

Learn more about how to file a wrongful death lawsuit in Florida and what the legal process involves.

Negligence Must Be Proven in a Drowning Accident Lawsuit

Proving negligence is the foundation of any drowning accident case. The most challenging elements to establish are duty, breach, and causation. An experienced Miami wrongful death and drowning accident attorney can investigate the incident, preserve and analyze evidence, retain qualified experts in areas like aquatic safety and medicine, and build a case for accountability and compensation.

Under Florida law, every property owner has a legal duty to maintain a reasonably safe environment. Negligent pool owners, for example, may be held responsible for a drowning if they failed to install proper safety measures or allowed hidden dangers to persist. If the drowning victim was a child, the attractive nuisance doctrine may apply, meaning the property owner could be held liable even if the child entered the pool area without permission.

Who May Be Held Liable for Drowning Accidents?

Liability depends largely on where and how the incident occurred. The following table lists common responsible parties:

Potentially liable party	Examples
Property owners and occupiers	Private homeowners, landlords, HOAs, condominium associations, apartment complexes
Commercial operators	Hotels, resorts, water parks, public pool operators
Service providers	Management companies, security contractors, lifeguard services, staffing agencies
Builders and manufacturers	Pool builders, maintenance companies, equipment manufacturers
Organizations	Event organizers, schools, camps
Government entities	Municipalities (subject to specific notice and sovereign immunity rules)

If the drowning occurred at a public pool, hotel, resort, water park, or beach, you may have a personal injury claim if the responsible party acted negligently and the evidence supports it.

How Bernstein & Maryanoff Injury Attorneys can help after a drowning accident

The Miami legal team at Bernstein & Maryanoff Injury Attorneys will develop a strong case by:

Conducting a prompt investigation and preserving evidence (surveillance footage, maintenance logs, witness statements)
Evaluating code and safety violations (barriers, alarms, lifeguard staffing, training, signage, emergency response)
Coordinating medical and forensic experts to establish causation and damages
Calculating full economic and non-economic losses, including medical bills, lost wages, and funeral costs
Handling all insurance company communications and negotiations to ease the financial burden on your family
Preparing your case for trial when necessary

With wrongful death claims in Florida, you typically have two years from the date of death to file. Our Miami personal injury attorneys will confirm deadlines, map the timeline, and protect your rights every step of the way.

Bernstein & Maryanoff Injury Attorneys are here for you. Contact our law offices in Miami today for a free consultation. You pay no fees unless we win.

Schedule your free case evaluation with the team at Bernstein & Maryanoff, Injury Attorneys, to learn more today.

Miami Drowning Accident Lawyer – Frequently Asked Questions

If a drowning or near‑drowning occurs, call 911 right away and ensure the victim receives emergency medical care. Once the immediate crisis is handled, document the scene, gather witness names, preserve photos or videos, and avoid speaking with insurance companies until you consult an attorney. A Miami drowning accident lawyer can help protect your legal rights from the start.

Liability depends on where the drowning occurred and the circumstances involved. Potentially responsible parties may include homeowners or landlords, hotels and resorts, public pool operators, lifeguard companies, water parks, schools, camps, event organizers, municipal governments (with limitations), pool builders, maintenance contractors, or equipment manufacturers. An accident attorney can investigate the incident, identify all liable parties, and pursue compensation on your behalf.

You may still have a legal claim. Florida homeowners have a legal duty to maintain safe conditions on their property, especially when private swimming pools are accessible to children. Cases may involve lack of pool fencing, faulty gates, lack of supervision, defective pool equipment, or other forms of negligence. If a child drowned, the property owner may face liability under the attractive nuisance doctrine.

Many Miami-area hotels do not provide lifeguards. Even without a lifeguard, they may still be held liable if they failed to provide proper safety signage, maintain their pool area, or comply with Florida pool safety laws. An investigation is necessary to determine whether the property was negligent. Learn more about hotel slip and fall and premises liability cases for related insights.

Yes. Near drowning events can cause serious injuries such as brain damage, respiratory problems, neurological impairment, spinal cord injuries, and long-term disability. Victims may be eligible for compensation covering medical care, rehabilitation, long-term support, lost income, and pain and suffering. Filing a personal injury claim can help you seek compensation for these damages.

For wrongful death cases, Florida law (§768.21) generally allows two years from the date of death. For personal injury cases, the statute of limitations is typically two years as well. However, exceptions exist, especially when the drowning victim is a minor. An attorney should evaluate your timeline as early as possible.

Compensation varies depending on the severity of the injuries and the circumstances of the case. You may be entitled to recover medical expenses and future care costs, lost wages and reduced earning capacity, pain and suffering, disability or long-term impairment, funeral and burial costs (in wrongful death cases), and loss of companionship and support. A drowning accident lawyer can calculate your full damages. See how wrongful death settlements are paid out for more details.

Drowning cases are complex and often involve multiple parties, insurance companies, safety regulations, expert testimony, and extensive investigation. An experienced Miami drowning accident lawyer can protect your rights, gather evidence, negotiate with insurers, and pursue maximum compensation on your behalf. Learn more about when to hire a personal injury lawyer.

Bernstein & Maryanoff Injury Attorneys work on a contingency fee basis, meaning you pay no upfront attorney fees and no fees at all unless we win your case. Your free consultation is completely free.

With more than 40 years of experience, the Miami legal team at Bernstein & Maryanoff has extensive knowledge handling complex drowning, near drowning, and wrongful death cases. We investigate thoroughly, partner with industry experts, and fight aggressively to hold negligent parties accountable while supporting families through difficult times. View our verdicts and settlements for examples of past results.