Practice Areas · Pool & Spa Drowning
Pool & Spa Drowning Lawyers
When a swimming pool or spa takes a life or causes catastrophic injury, it is almost never simply an accident. We find the failure — and hold the responsible parties accountable.
A drowning happens in seconds and in silence. In the aftermath, families are left with impossible questions — and an industry of insurers and property owners ready to call it an unavoidable tragedy. It rarely is.
For decades, our firm has done one thing better than almost anyone in the country: we prove how and why a water tragedy happened, and we make the negligent answer for it. Most pool and spa drownings trace back to a specific, preventable failure — an unfenced barrier, a broken latch, an absent lifeguard, a defective drain, a code violation a property owner chose to ignore.
How pool & spa drownings happen
When we investigate a drowning, we look past the surface story for the mechanism of failure. The most common causes we litigate include:
- Missing or non-compliant barriers. Pools without four-sided isolation fencing, self-closing and self-latching gates, or required alarms.
- Inadequate supervision. Absent, undertrained, or understaffed lifeguards at hotels, apartment complexes, camps, and public pools.
- Defective drains and suction entrapment. Pools and spas lacking compliant anti-entrapment covers under the Virginia Graeme Baker (VGB) Act.
- Hidden hazards. Murky water, broken drain covers, missing depth markings, and dangerous slopes.
- Failure to rescue or improper CPR. Staff who fail to act, or act incorrectly, when seconds matter.
Our verdict in Peterson v. Sta-Rite — a catastrophic pool suction-entrapment case. Past results do not guarantee a similar outcome; every case is unique.
Who can be held liable
More than one party is often responsible for a single drowning. Depending on the facts, we pursue claims against:
- Homeowners and short-term rental hosts (including Airbnb and VRBO properties)
- Hotels, resorts, apartment complexes, and homeowners’ associations
- Public pools, water parks, camps, and schools
- Pool builders, maintenance companies, and property managers
- Manufacturers of defective drains, covers, and pool equipment
What the law requires
Pool safety is not optional. Federal and state law — including the VGB Pool & Spa Safety Act and state barrier codes — sets clear standards for fencing, drain covers, and supervision. When an owner or manufacturer ignores those standards, the law provides a path to accountability. Our attorneys help write and advance these very standards through the National Drowning Prevention Alliance, which means we know exactly what should have been done — and how to prove it wasn’t.
What to do now
- Preserve everything. Keep records, photos, and any communication with the property owner or their insurer.
- Do not give a recorded statement to an insurance company before speaking with a lawyer.
- Contact us for a free, confidential review. We will explain your rights and whether you have a case — with no pressure and no obligation.
Common questions
Pool & spa drowning FAQs
Do I have a case if my child drowned in a pool?
Possibly. If the pool lacked required barriers, supervision, or compliant drain covers — or if a property owner ignored safety codes — you may have a claim. The only way to know is a free, confidential review of the specific facts. There is no cost and no obligation.
How long do I have to file a claim?
Deadlines (called statutes of limitations) vary by state and by the type of claim, and some are surprisingly short. Critical evidence can also disappear within days. We strongly recommend speaking with us as soon as possible so no deadline or evidence is lost.
What does it cost to hire your firm?
Nothing upfront. We handle pool and spa drowning cases on a contingency-fee basis: you pay no attorney’s fees unless we recover for you. Your initial consultation is always free and confidential.
The drowning happened outside Florida. Can you still help?
Yes. We represent families nationwide in association with trusted local counsel in your state — so you keep a lawyer in your community while gaining our aquatic-injury experience.
Related practice areas
We handle every kind of water tragedy
Free, confidential consultation
Talk to us now. We care.
Tell us what happened. There is no fee unless we win, and your conversation with us is always confidential. Prefer to talk now? Call (833) 652-7600.