Fort Lauderdale Drowning Accident Lawyer

A drowning or near-drowning in Broward County rarely has a single obvious cause, and the hours after one are usually spent at a hospital bedside, not thinking about who was responsible. Spencer Morgan Law represents injury victims and grieving families in Fort Lauderdale and across the Greater Miami area and the State of Florida, and a Fort Lauderdale drowning accident lawyer at the firm looks at these events the way an investigator would: who controlled the water, who was supposed to be watching, and what was missing that should have been there.

Fort Lauderdale is a city built around water. Miles of canals, the Intracoastal Waterway, public beaches, hotel pools, condominium pools, marinas, and backyard pools in nearly every neighborhood mean that exposure to water is part of daily life here. When someone goes under and survives with brain injury, or does not survive at all, the legal questions turn on property control, supervision, equipment, and the conduct of boat operators, businesses, and building owners.

Some drowning cases are accidents in the truest sense, with no one at fault. Many are not. A pool gate that never latched, a lifeguard stand left empty, a rental operator who skipped a safety briefing, or a boat captain who left a swimmer behind can all turn a day on the water into a catastrophe. Those are the situations where Florida law allows a family to pursue accountability and compensation.

How Drowning Cases Actually Unfold From the First Week Forward

The first stage is medical, and it shapes everything after it. A person pulled from the water may be revived and appear to recover, then deteriorate hours later from fluid in the lungs or oxygen deprivation to the brain. Many survivors face weeks of intensive care and then long rehabilitation. Because the full extent of a hypoxic brain injury can take months to understand, a claim for a survivor cannot be valued honestly until doctors can describe what the person’s future looks like.

The second stage is evidence, and it is the one that cannot wait. Pool equipment gets repaired, gates get fixed, lifeguard schedules get rewritten, and surveillance video gets recorded over. A careful investigation tries to lock down the condition of the scene as it was: barriers, alarms, signage, depth markings, drain covers, rescue equipment, staffing records, maintenance logs, and any footage. On the water, that can mean the vessel itself, its safety gear, and the captain’s account.

The third stage is the insurance conversation. Property owners and operators usually carry liability coverage, and their carriers will often focus on the injured person or the parents rather than the premises. Expect arguments that the swimmer ignored warnings, that a parent looked away, or that the danger was open and obvious. Florida’s fault rules make those arguments more consequential than they used to be, which is why the way a case is built from the start matters.

The fourth stage is resolution. Many claims settle after the evidence is developed and the damages are documented. Some require filing suit in the Seventeenth Judicial Circuit, which serves Broward County. Cases against a city, county, or other government body follow a separate set of notice rules and damage limits, covered below.

Why Choose Spencer Morgan Law for a Fort Lauderdale Drowning Case

The people who come to Spencer Morgan Law after a water tragedy are usually families who need someone to take over the paperwork, the calls to insurers, and the investigation while they deal with a hospital or a funeral. A boating death can involve watercraft and maritime issues; a hotel pool case looks a lot like a premises claim; a delayed rescue at a care facility can raise medical negligence questions.

The firm’s results show it is comfortable with serious injuries and contested liability. Those include an $850,000 slip and fall settlement, an $800,000 maritime accident recovery, and a $430,000 watercraft accident recovery, along with seven-figure outcomes in a semi-truck crash and an auto accident case. The firm has also resolved a case involving a child who fell through a faulty railing, the kind of failure-of-a-safety-barrier claim that carries over directly to unfenced pools and broken gates.

Clients consistently describe the firm the same way: they were kept informed, their calls were answered, and they felt like more than a file number. One client wrote that every step of the case was explained to them clearly; others praised how quickly questions were answered. Consultations are confidential, Spanish-language services are available, and you do not pay unless the firm recovers.

What to Do Now After a Drowning or Near-Drowning in Broward County

Start with the person who was hurt. Anyone who has been submerged and revived should be seen at a hospital even if they seem fine, because delayed complications are real and the medical record becomes the foundation of any later claim. If you are the parent or spouse, ask for copies of records as treatment progresses, and keep a running note of what doctors say about prognosis.

If you can, write down what you remember while it is fresh: who was present, where the lifeguard or supervisor was, what gates, alarms, or warnings existed, and what the water conditions were. Photograph the scene if you can do so safely, including fencing, latches, signs, depth markers, and any broken equipment. Get names and contact information for witnesses. Ask the property owner, hotel, marina, or rental company to preserve video and incident reports, and be careful about signing anything or giving a recorded statement to an insurance adjuster before you have talked to a lawyer.

Report the incident to the proper authorities. Drownings that involve a boat typically draw in marine law enforcement, and any death will involve the medical examiner. Ask for the report numbers, since those documents will matter later.

Mind the clock. Florida’s general negligence deadline is two years for claims that accrued after the 2023 change, and a wrongful death action generally must be filed within two years of the date of death. If the party at fault is a city, county, or other government body, a written claim must go to the government first, and the agency generally has 180 days to respond before a lawsuit can proceed. A drowning that involves medical negligence, such as a failure to monitor a patient in a bath or therapy pool, follows separate pre-suit rules, including a notice of intent and a 90-day waiting period. Cases in Broward are heard in the Seventeenth Judicial Circuit in Fort Lauderdale, with appeals going to the Fourth District Court of Appeal.

One mistake to avoid is assuming that nothing can be done because the swimmer was careless or a child slipped away for a moment. Fault in Florida is divided among everyone who contributed, and the question of what the property owner failed to do is separate from what the victim did.

Common Sources of Drowning Claims in the Fort Lauderdale Area

• Hotel and Resort Pools: Tourism fills Fort Lauderdale lodging year-round, and pools with no lifeguard, poor signage, or unlocked gates to the pool deck create risk for children and unfamiliar swimmers.
• Condominium and Apartment Complex Pools: Associations and management companies are responsible for fencing, self-latching gates, alarms, drain covers, and maintenance, and failures often show up in repair records.
• Residential Backyard Pools: Canal-front and suburban homes frequently have pools, and a homeowner or a contractor who installed a barrier improperly can share responsibility.
• Boating and Watercraft Incidents: Collisions, passengers thrown overboard, missing life jackets, and operators under the influence can cause drownings on the Intracoastal and nearby waters, and may involve maritime or watercraft liability rules.
• Rental Operators and Charters: Jet ski, paddleboard, and boat rental companies owe customers proper instruction, equipment, and supervision, and a skipped safety briefing can be a basis for a claim.
• Public Beaches and Municipal Pools: Lifeguard staffing, rescue equipment, and warnings about rip currents are areas where a government entity may be responsible, which brings in sovereign immunity notice requirements and damage caps.
• Care Facilities and Therapy Pools: Drownings in a bathtub, a rehab pool, or a facility’s grounds can raise medical negligence or institutional supervision issues for patients who needed monitoring.
• Wrongful Death After a Fatal Drowning: When a person dies, surviving family members may pursue damages under Florida’s wrongful death statute, including a spouse’s loss of companionship and a parent’s mental pain and suffering for a child.

Fault, Damages, and What a Drowning Claim Can Recover

Florida’s comparative fault rules matter in these cases. A person found more than 50 percent responsible for their own harm cannot recover in most negligence actions. At 50 percent or below, the recovery is reduced by the person’s share. Each defendant is responsible only for its own percentage of fault, so a hotel, a pool contractor, and a lifeguard staffing company may each be assigned a share. The greater-than-50-percent bar does not apply to claims arising from medical negligence.

For a surviving victim, damages can include medical care, rehabilitation, future care needs, lost earnings, and the human cost of a permanent brain injury. When a loved one dies, the claim is organized differently: survivors may recover for their own losses, and the estate may recover other categories. A wrongful death complaint must identify every person entitled to recover and their relationship to the person who died.

Medical bills are a practical issue in almost every serious claim. Florida now requires disclosure of letters of protection, the arrangements where a provider treats in exchange for payment out of a settlement, and other evidence about what insurance paid can come into play. Planning treatment and documenting costs with that in mind helps avoid surprises later.

Questions Families Ask About Drowning Claims in Fort Lauderdale

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

For most negligence claims that arose after March 24, 2023, the deadline is two years. A wrongful death action generally must be filed within two years of the date of death. Claims against government bodies and medical negligence claims have their own notice requirements, so the practical deadline can be shorter than it looks.

Can we sue if a child drowned in a pool that was not fenced?

Possibly. The responsible party depends on who owned or controlled the pool, who was supposed to maintain the barrier, and what the rules required at the time it was built. Hotels, associations, landlords, and homeowners can all be potential defendants depending on the facts.

What if the person who drowned was partly to blame?

Florida divides fault among everyone involved. If the victim is found 50 percent or less at fault, the award is reduced by that share. If more than 50 percent, most negligence recoveries are barred, which is why the insurer will push that argument hard.

Who can bring a wrongful death claim after a drowning?

The action is brought on behalf of the estate and the survivors. A surviving spouse may recover for loss of companionship and protection and for mental pain and suffering, and parents of a deceased minor child may recover for mental pain and suffering. The complaint must identify all potential beneficiaries.

Does Florida’s no-fault insurance help in a drowning case?

Personal injury protection applies to motor vehicle crashes, not to pool or boating accidents, so it generally will not cover these medical bills. Health insurance, and in some cases boat or homeowner policies, are more likely to be involved.

What if the drowning happened at a hotel where I was a guest?

A guest is typically owed reasonable care by the hotel, including adequate barriers, warnings, and supervision where it is offered. Evidence like staffing, surveillance footage, and incident reports can be critical, and it can disappear quickly, so early action matters.

Can I bring a claim if the drowning happened on a boat or rental watercraft?

Often yes. Boat operators and rental companies owe passengers a duty of care, and the firm handles watercraft and maritime cases. Which rules apply depends on the type of vessel and where it was, so the details matter.

What if a city or county pool or beach was involved?

Claims against government bodies require a written notice of claim before suit, and the agency generally has 180 days to respond. Recovery is limited to $200,000 per person and $300,000 per incident, with anything higher requiring a claim bill passed by the Legislature.

What if the drowning happened at a nursing home, rehab center, or care facility?

If it was caused by a failure to supervise or monitor a patient, it may be a medical negligence claim, which has a two-year period from discovery, a four-year outer limit, and a pre-suit process that includes a 90-day waiting period. Tell your lawyer right away if a facility was involved.

Will I have to go to trial?

Not necessarily. Many injury claims resolve through negotiation or mediation once liability evidence and medical damages are documented. If the other side will not offer a fair resolution, the case can be filed in the Seventeenth Judicial Circuit in Broward County.

How much does it cost to hire a drowning accident lawyer?

Spencer Morgan Law works on a contingency basis, so you do not pay unless the firm recovers. Consultations are confidential, and Spanish-language services are available.

Serving Fort Lauderdale Drowning Accident Clients Across Broward and Beyond

The firm represents families from Fort Lauderdale itself, including Las Olas, Victoria Park, Rio Vista, Coral Ridge, Harbor Beach, Sailboat Bend, and Flagler Village, and throughout Broward County, which is served by the Seventeenth Judicial Circuit. That reach extends to Pompano Beach, Lauderdale-by-the-Sea, Oakland Park, Wilton Manors, Dania Beach, Hollywood, Hallandale Beach, Davie, Plantation, Sunrise, Tamarac, Coral Springs, Parkland, Weston, Pembroke Pines, and Miramar.

The firm also serves clients in Miami-Dade County, including Miami, Miami Beach, Coral Gables, Kendall, Doral, Hialeah, and Homestead, and across the State of Florida, including waterfront and resort communities where pools, canals, and boating create similar risks.

Talk With a Fort Lauderdale Drowning Accident Attorney

If your family has been through a drowning or near-drowning, a Fort Lauderdale drowning accident attorney at Spencer Morgan Law can talk through what happened, explain which deadlines apply, and start preserving the evidence before it disappears. The conversation is confidential, there is no fee unless the firm recovers, and Spanish is available. Call to schedule a consultation.