Toddler Tragically Drowns in Pembroke Pines Amid Record Number of Child Drowning Deaths in Florida

A heartbreaking tragedy occurred in Pembroke Pines on Sunday when a 1-and-a-half-year-old child was found unresponsive near Southwest 118th Avenue and Southwest 7th Street, according to Pembroke Pines Fire Rescue. The toddler was rushed to Memorial Hospital West, where—despite extensive lifesaving efforts—the child was pronounced dead.

Police have stated that there is currently no indication of criminal activity, but further details about the circumstances surrounding the drowning have not yet been released.

This devastating incident comes during what has become Florida’s deadliest year for child drownings in nearly two decades. According to the Florida Department of Children & Families (DCF), 112 children in Florida have died from drowning so far in 2025, surpassing last year and marking the highest number reported since 2007.

DCF’s Water Smart FL program, which offers swim-lesson vouchers to families, stresses that drowning is fast, silent, and can happen “in the few minutes a distraction can take you away from the water.”

As Florida families attempt to process yet another loss in their community, many are left wondering what legal rights and protections exist for families after a drowning tragedy.

Understanding Legal Rights After a Drowning Incident in Florida

Even when authorities state there is “no criminal indication,” families may still have civil legal rights. Many drowning incidents—even when they appear accidental—can be linked to preventable safety failures.

Below are key legal considerations for families in cases of drowning involving young children.

1. Premises Liability (Florida Statute §768.075 & §768.0755)

Property owners—including homeowners, landlords, HOAs, and property managers—are legally required to maintain reasonably safe premises. When a drowning occurs, potential negligence may involve:

• Lack of proper pool fencing or gates
• Broken or non-self-latching gates
• Missing or defective pool covers
• Absence of alarms or safety features
• Poor maintenance that made the pool area unsafe

Under Florida’s Residential Swimming Pool Safety Act, homes with pools must have at least one safety feature (e.g., fence, gate, alarm). Failure to follow these safety measures may constitute negligence.

2. Negligent Supervision or Caregiver Negligence

If the child was under the care of a babysitter, daycare provider, family friend, or other caregiver, civil liability may arise if the supervision was inadequate or if the caregiver failed to follow basic water-safety practices.

Daycares and childcare providers have elevated duties to monitor children at all times and follow strict staff-to-child ratios.

3. HOA, Community, or Apartment Complex Liability

Many drowning incidents occur in community pools with shared responsibility. Liability may arise from:

• Poorly maintained gates/fences
• Broken locks
• Inadequate lighting
• Failure to enforce pool rules
• Lack of posted warnings

If a community failed to meet safety standards, the HOA or property management company may be legally responsible.

4. Negligent Entrustment or Allowing Access to a Dangerous Condition

If a child gained access to a pool because a gate was left open, a door was unlocked, or a barrier malfunctioned, the party responsible may be held liable.

Florida law specifically recognizes pools as “attractive nuisances,” meaning property owners must take extra precautions to protect children who cannot appreciate the danger.

Wrongful Death Claims for Child Drowning (Florida Statute §768.21)

When a drowning results in death, surviving parents may be entitled to file a wrongful death claim, which can help cover:

• Funeral and burial costs
• Counseling and grief support
• Loss of companionship
• Pain and suffering
• Loss of future emotional and financial support from the child

A wrongful death claim also allows attorneys to investigate the incident thoroughly—helping families obtain answers, accountability, and closure.

What Families Can Do After a Drowning Tragedy

If your child or a loved one was involved in a drowning incident, here are immediate steps to protect your rights:

1. Request all incident and medical reports

Police reports, EMS records, and hospital documentation are critical.

2. Preserve evidence

Photos of the pool area, gate condition, safety features, and surrounding property can be invaluable.

3. Avoid speaking with insurance companies alone

Insurance adjusters often attempt to minimize liability or shift blame.

4. Contact a drowning accident attorney quickly

An attorney can investigate whether improper pool barriers, negligent supervision, or code violations played a role.

Our firm has handled numerous drowning cases across South Florida—including child pool accidents, community pool drownings, and wrongful death claims involving safety violations.

We understand that no amount of legal compensation can replace a child’s life, but holding responsible parties accountable can help ensure these tragedies are prevented in the future.

If you or your family need guidance, we are here to help—compassionately and confidentially.

📞 Call us 24/7 for a free consultation: (305) 638-4143