Plantation Toddler Dies After Being Found Unresponsive in Pool: Legal and Safety Considerations in Florida Drowning Cases

A heartbreaking tragedy unfolded in Plantation this week when a 1-year-old girl died after being found unresponsive in a swimming pool at a residential home.

According to Plantation Police, officers were called to a residence on the 11400 block of Northwest 18th Street on Wednesday following a report of a possible drowning. The child was rushed to Broward Health Medical Center in critical condition. Sadly, officials confirmed Thursday that she did not survive.

The toddler’s identity has not been released, and the incident remains under investigation.

Florida consistently ranks among the highest states for child drowning fatalities. According to the Florida Department of Health, drowning is the leading cause of accidental death for children ages 1–4. The warm climate, abundance of residential pools, and year-round outdoor activity significantly increase risks for families across the state.

Most child drownings occur in backyard swimming pools, and they often happen silently and within minutes. Even a brief lapse in supervision can lead to tragedy.

Legal Liability in Florida Pool Drowning Cases

When a child dies in a pool-related accident, determining liability can be complex. Depending on the circumstances, multiple parties may bear legal responsibility.

Under Florida premises liability law, property owners have a duty to maintain reasonably safe conditions. This duty is heightened when children are present, especially when pools are involved. If safety precautions such as fencing, self-latching gates, or pool alarms were absent or defective, liability may exist.

Florida recognizes the attractive nuisance doctrine, which holds property owners responsible if a hazardous condition — like a swimming pool — attracts young children who cannot fully appreciate the danger. Even if a child enters without explicit permission, homeowners may still be liable if proper barriers or safety measures were not in place.

In some cases, the adults responsible for supervising the child may be deemed negligent if they failed to provide adequate attention or allowed unsupervised access to the pool area.

If faulty pool equipment, defective gates, or malfunctioning safety devices contributed to the accident, manufacturers or maintenance providers could also face liability under Florida product liability law.

Wrongful Death Claims in Florida

Under the Florida Wrongful Death Act (Florida Statutes §§ 768.16–768.26), surviving family members may pursue a wrongful death claim if negligence played a role in a child’s drowning. Compensation may include:

• Medical expenses incurred before the child’s passing
• Funeral and burial costs
• Pain and suffering of parents and surviving family members
• Loss of companionship, love, and guidance

The statute of limitations for wrongful death claims in Florida is generally two years from the date of death, making it crucial for families to act promptly to preserve their rights.

While legal remedies can provide accountability, prevention remains the most effective safeguard. Common safety measures recommended by the U.S. Consumer Product Safety Commission and Florida Department of Health include:

• Installing self-closing, self-latching gates around pools
• Using pool alarms and covers
• Ensuring constant adult supervision whenever children are near water
• Teaching children basic water safety and swimming skills at an early age
• Keeping life-saving equipment, such as floatation devices, accessible near pools

At Flanagan & Bodenheimer Injury & Wrongful Death Law Firm, we have represented many families devastated by pool drowning tragedies. Our attorneys thoroughly investigate the circumstances surrounding each case, including property safety standards, supervision protocols, and possible product defects.

We work tirelessly to hold negligent parties accountable and to secure justice for families who have suffered unimaginable loss.

If your family has been impacted by a drowning accident in Florida, call us today at 305-638-4143 for a free, confidential consultation. We charge no fees unless we win compensation on your behalf.