Personal Injury Firm for Clients Throughout South Florida
Swimming is popular in Miami, where warm weather and abundant pools are a way of life. However, swimming pool accidents are alarmingly common in our region compared to other areas of the U.S.
Factors such as year-round pool access, higher rates of tourism, and crowded recreational facilities contribute to the increased likelihood of incidents. According to the Florida Department of Children and Families, 81 children died in 2017 due to drowning; more children under five drown in our state than in any other state nationwide.
Unfortunately, many of these accidents are preventable and occur due to negligence or inadequate safety measures, leaving victims and their families to endure unimaginable consequences.
At Raposo & Lukacs, we focus our practice on pursuing compensation for individuals who have been injured or lost a loved one due to negligence. Since we do nothing else, our team has gained extensive knowledge and skill in the legal arena, resulting in more than $10 million in settlements and verdicts for our clients.
We aggressively investigate, negotiate, and litigate personal injury and wrongful death cases for clients across South Florida seeking maximum compensation for damages.
Contact Raposo & Lukacs online or at (305) 575-2177 for a complimentary consultation with a Miami drowning and swimming pool accident attorney. Hablamos español.
Why Miami Swimming Pool Accident Claims Are Complicated
Swimming pool accidents in Florida can be particularly complicated due to the state’s strict safety regulations, high number of residential and public pools, and complex liability laws.
Whether the accident occurs at a private home, hotel, water park, or public facility, proving negligence and securing compensation often requires thorough legal investigation and analysis.
Florida’s Premises Liability & Negligence Laws
Property owners must maintain safe conditions in and around swimming pools. This applies to private homeowners, businesses, and government entities.
Florida follows comparative negligence laws, meaning compensation may be reduced if the injured party is found partially responsible.
Under Florida’s Attractive Nuisance Doctrine, property owners can be held liable if a child drowns or is injured in their pool, even if the child was trespassing.
Multiple Potentially Liable Parties
Swimming pool accident claims in Florida often involve multiple responsible parties, including:
Homeowners and landlords (for failing to secure pools properly)
Hotels, resorts, and water parks (for inadequate supervision, lack of lifeguards, or improper maintenance)
Municipalities (for public pool safety violations)
Pool maintenance companies (for chemical imbalances or hazards)
Product manufacturers (for defective pool drains, slides, or filtration systems)
Determining who is at fault requires a detailed examination of maintenance records, safety measures, and compliance with Florida law.
Florida has some of the most stringent pool safety laws in the country under the Residential Swimming Pool Safety Act (Fla. Stat. § 515.29), which requires:
Barriers at least four feet high around residential pools
Self-closing, self-latching gates to prevent unsupervised access
Alarms on doors and windows leading to the pool area
Approved pool safety covers
Failure to comply with these laws can establish negligence per se, making it easier to prove liability in a personal injury claim.
Additionally, the Virginia Graeme Baker Pool and Spa Safety Act applies nationwide and requires pools to have anti-entrapment drain covers to prevent suction-related drownings and injuries.
Proving Negligence Can Be Challenging
In drowning cases, proving that a lack of supervision, poor maintenance, or a hazardous condition directly caused the accident can be difficult.
Defendants often argue comparative negligence, claiming the victim was reckless or ignored warning signs.
Wrongful death claims involve additional legal complexities, including determining beneficiaries and calculating damages for lost future earnings and emotional suffering.
Non-fatal drownings can cause long-term brain damage, paralysis, or respiratory issues, requiring substantial compensation for medical care and lifelong support.
Major Causes of Swimming Pool Accidents in Miami
Swimming pool accidents typically stem from negligence or unsafe conditions, including:
Lack of supervision by lifeguards or responsible adults
Defective pool equipment, such as faulty drains or ladders
Slippery surfaces or inadequate signage in wet areas
Missing or broken safety barriers, such as fences or pool covers
Failure to comply with local safety codes and regulations
When these preventable accidents occur, it is crucial to hold at-fault parties accountable to secure justice and prevent future tragedies.
“Exceptional Service & Professionalism Throughout”
“A seamless and professional experience from start to finish. This firm provided exceptional care, support, and expertise throughout the entire process.”
Brenda C.
“Dedicated, Thoughtful, and Fierce Advocates”
“Raposo & Lukacs fought for our family and won. Thoughtful, thorough, and professional—John, Jose, and Cassandra truly go above and beyond!”
John P.
“Professionalism with a Personal Touch”
“José and Cassandra provided exceptional support, creating a family-like environment. Grateful for Dr. B’s help in restoring my back after the accident!”
Ricardo R.
“A True Fighter for His Clients”
“John goes the extra mile to fight for what you deserve, keeping you informed every step of the way. Highly recommended!”
Octavio C.
“Dedicated Advocacy for the Best Results”
“Raposa & Lukacs work tirelessly to secure the best outcome for their clients. Highly recommended for anyone in need of legal services!”
Justin P.
“Compassionate Support, Outstanding Results”
“Professional, caring, and always responsive—this team secured a great settlement during a difficult time. Grateful for their support!”
D. Conra
“Dedicated, Professional, and Compassionate”
“Grateful for the hard work, professionalism, and kindness this firm showed throughout my case. Their dedication made all the difference.”
Phyllis P.
“Trustworthy Support Every Step of the Way”
“A seamless, caring, and professional experience from start to finish. Grateful for their dedication and support throughout the process.”
When the stakes are high, you need a legal team that won’t flinch. We are aggressive, strategic, and relentless in our pursuit of justice. Our track record speaks for itself—when we take on a case, we fight to win.
When Everything Is on the Line, We Deliver.
High-value cases demand precision, experience, and fearless representation. We take on the toughest legal battles, standing firm against powerful opponents to secure the best possible outcome for our clients.
Powerful Representation
We don’t handle minor claims—we focus on complex, high-stakes cases where the results matter most. Our firm is built on the principles of aggressive litigation, tactical strategy, and an unwavering commitment to winning.
Your Case. Your Future. Our Mission.
Your legal battle isn’t just another case to us—it’s your future, your financial security, and your peace of mind. We take a personal stake in every case we handle, fighting with determination to deliver the justice and compensation you deserve.
How Raposo & Lukacs Can Help in Swimming Pool Accidents
Due to Florida’s strict safety regulations, high drowning rates, and complex liability laws, swimming pool accident claims require skilled legal representation. Whether dealing with premises liability, wrongful death, or catastrophic injuries, working with an experienced attorney can make a significant difference in the outcome of your case.
When you work with us, you can expect:
Comprehensive case analysis to identify liability and negligence
A team of skilled professionals who collaborate with safety and medical experts
Aggressive representation to negotiate settlements or take your case to trial
A commitment to securing the maximum compensation for medical bills, lost wages, ongoing care, and pain and suffering
Our team is here to support you throughout the legal process with compassion and professionalism.
Contact us online or at (305) 575-2177 for a free consultation with a Miami drowning and swimming pool accident attorney.