Miami Drowning & Pool Accident Lawyer – Fight for Justice with Rafaeli Law PLLC

Protecting Miami Families After Devastating Pool Injuries and Drownings

Swimming pools are meant for relaxation, fun, and exercise. But when safety is neglected, they can become sites of tragedy. Florida has the highest number of unintentional drowning deaths in the country, with Miami-Dade County consistently reporting some of the highest rates in the state.

If you or your loved one suffered injury or loss due to a drowning or near-drowning event at a pool in Miami, you may be entitled to compensation. At Rafaeli Law PLLC, we help families navigate the aftermath of pool accidents with compassion, skill, and aggressive legal advocacy.

For additional safety insights, refer to the Consumer Product Safety Commission’s Pool Safely initiative, a federal effort to prevent child drownings.

Florida Pool Drowning Statistics

Florida has the highest unintentional drowning death rate for children ages 1–4—see the Florida Department of Health overview for the current statewide stats. Florida Department of Health: Drowning Prevention.

In 2022, more than 90 children died from drowning in Florida, per the state’s review of child fatalities. Use the official report here: Florida State Child Abuse Death Review — 2022 Annual Report.

Most child drownings in Florida occur in residential or community pools; this Florida safety brief emphasizes that pattern. Water Safety & Childhood Drowning Prevention (SCCFL). (Safe Children Coalition)

Common Causes of Pool Accidents in Miami

Pool accidents happen in both public and private settings, including apartment complexes, hotels, resorts, Airbnb rentals, HOA pools, schools, and waterparks.

Some common causes include:

Lack of lifeguards or poorly trained staff
Broken or missing pool gates
Faulty pool drains or suction devices (entrapment hazards)
Slippery surfaces and lack of warning signage
Inadequate supervision
Negligent pool maintenance
Unsafe diving boards or pool depth mislabeling

Explore how we hold negligent property owners accountable on our premises liability page.

Drowning vs. Near-Drowning: Both Can Be Catastrophic

A drowning occurs when the airway is submerged, and the brain suffers fatal oxygen loss. A near-drowning is a survival event, but it can still cause lifelong damage:

Traumatic brain injuries
Respiratory issues
Cognitive or motor impairment
Emotional trauma

For more severe cases like these, our wrongful death and medical malpractice teams provide dedicated representation.

Florida’s Residential Swimming Pool Safety Act

Florida law requires residential pools to meet specific safety measures under the Residential Swimming Pool Safety Act (Florida Statutes Chapter 515):

Approved safety pool covers
Self-closing and self-latching gates
Alarms on doors or windows that provide access to pools

We explain more about how statutes and local ordinances affect liability in our Miami Premises Injury section.

Who Is Liable in a Swimming Pool Accident in Miami?

Liability in swimming pool accidents is determined by identifying who failed to uphold their duty of care to maintain a safe environment. The party at fault depends on the ownership and use of the pool, as well as the specific circumstances surrounding the incident.

Potentially Liable Party	Duty of Care & Legal Responsibility	Example of Negligence
Private Pool Owners	Maintain a secure, code-compliant pool environment	Unfenced yard with direct pool access resulting in a child’s drowning
Hotels & Resorts	Ensure lifeguard presence, post warning signs, maintain equipment	Pool lacking depth markers; no lifeguards present during busy hours
HOAs & Apartment Complexes	Keep common pool areas safe and up to code; schedule regular inspections	Broken gate left unrepaired for weeks, allowing unsupervised access
Schools & Daycare Centers	Supervise minors closely, enforce safety rules, and respond to emergencies	Staff distracted while children swim; no CPR-trained employee onsite
Municipal/Public Pool Operators	Follow state/county safety protocols, ensure qualified staff and proper maintenance	Faulty lighting in a city-run pool causing poor visibility and delayed response
Product Manufacturers	Design and distribute pool equipment that meets federal safety standards	Pool drain cover malfunctions, causing suction entrapment

In many cases, more than one party may be partially at fault. For instance, a defective pool gate installed by a property management company could implicate both the manufacturer and the premises owner. Our legal team at Rafaeli Law PLLC thoroughly investigates pool injury cases to determine fault and pursue maximum compensation.

Learn more about how we investigate and pursue product liability claims.

Wrongful Death Claims After a Pool Drowning in Miami

Losing a loved one in a drowning accident is devastating. Florida law allows surviving family members to file a wrongful death claim to pursue compensation for:

Funeral and burial costs
Medical expenses before death
Loss of companionship and guidance
Emotional suffering

View our proven case outcomes by visiting our Case Results page.

Why Choose Rafaeli Law PLLC as Your Personal Injury Lawyer

When tragedy strikes, you need more than legal knowledge, you need a team who genuinely cares about your case and your recovery. Here’s why clients across Miami trust Rafaeli Law PLLC with their drowning and pool accident claims:

Local Experience: We’ve represented families throughout Miami-Dade County and understand the nuances of local property codes, safety laws, and court procedures.
Proven Track Record: Our case results reflect our commitment to securing justice and full compensation for our clients.
Client-Focused Representation: You’re never just a case number. We prioritize communication, transparency, and personalized legal strategies.
No Fees Unless We Win: We operate on a contingency fee basis, so you never pay out of pocket unless we recover money for you.
Trial-Ready Team: While many cases settle, we’re fully prepared to go to trial and fight aggressively on your behalf if needed.

How Rafaeli Law PLLC Can Help

If you’re searching for a drowning pool accident lawyer in Miami, FL, our team offers:

Free consultations and honest case evaluations
No legal fees unless we win
Deep knowledge of Florida’s pool safety laws
Skilled negotiation with insurers
Trial-ready representation if needed

We also represent victims of water-related injuries in our boating accident practice area.

Speak with a Miami Pool Accident Lawyer Today

Your family deserves answers. We’re here to help.

Drowning and pool injury cases are complex, emotional, and high-stakes. At Rafaeli Law PLLC, we don’t back down from negligent corporations, landlords, or insurers. If your loved one was harmed in a pool-related accident, let us fight for the justice and compensation you deserve.

Call 954-365-5639 or schedule a free consultation today.

Testimonials

What Our Clients Are Saying

Hear from the clients who trusted us to fight for their justice—and found peace, resolution, and results.

Rafaeli Law is top-notch! From the very first call, their team was professional, responsive, and clearly knew what they were doing. They didn’t waste any time — they moved fast, kept me informed, and went after results with real determination. You can tell they’re go-getters who truly care about their clients. If you need a law firm that’s sharp, efficient, and fights for you, I highly recommend Rafaeli Law.

Maurice M.

Kerollos A.

Can't say enough good things about Rafaeli Law. Their team is incredibly professional, responsive, and genuinely committed to helping you through every step of the process. Their attention to detail and dedication to achieving the best possible outcome truly sets them apart. If you're looking for a trustworthy, knowledgeable, and results-driven legal team, Rafaeli Law is the place to go.

Heather H.

I had a great experience with Rafaeli Law after my car accident. They were professional, responsive and always made sure I understood each step of the process. A special thank you to Jindy - she was absolutely amazing. She was kind, patient and incredibly helpful every time I had questions or concerns. I highly recommend them to anyone who needs legal help after an accident.

Lorena Z.

Rafaeli Law, not only took the time to really listen to my situation but made me feel like they truly listened so they could understand and do the best they possibly could in asserting my case. In every step of the process they communicated with me. If I ever need a lawyer in the future I will be reaching out to them and will be recommending them to my friends and family.

Vanessa C.

FAQ

Frequently Asked Questions

1. What should I do immediately after a pool accident in Miami?

Seek emergency medical help first. If safe, document the scene with photos or videos, and collect contact information for any witnesses. Then, contact an experienced Miami drowning accident attorney to understand your legal rights.

2. Can I file a lawsuit if my child drowned in someone else’s private pool in Miami?

Yes. Florida law allows parents or guardians to file wrongful death claims if their child drowned due to negligence, such as lack of fencing or supervision, even on private property.

3. Do Miami hotels and resorts have a legal duty to provide lifeguards?

Hotels and resorts are not always legally required to provide lifeguards, but they must post clear warning signs and maintain safe conditions. Failure to do so can result in liability for injuries or deaths.

4. What if the pool had a defective drain or filter system?

This may be a product liability case. Our firm investigates equipment-related accidents and holds manufacturers accountable for faulty pool parts.

5. How long do I have to file a claim after a drowning in Florida?

In most drowning and wrongful death cases, you have two years from the date of the incident to file a claim under Florida law.

6. Are landlords responsible for pool safety in Miami rental properties?

Yes. Landlords must ensure their pool complies with safety codes, including working gates and alarms. Failing to do so may result in legal liability.

7. Does insurance cover pool accidents in Miami?

Some homeowner or commercial insurance policies cover pool accidents. However, insurance companies often try to minimize payouts; having a lawyer helps protect your rights.

8. Can Rafaeli Law help if the drowning happened at a Miami daycare or school?

Absolutely. We handle cases involving negligent supervision or poor safety protocols at schools and childcare facilities.

9. Will I have to go to court?

Not always. Many pool accident claims are resolved through negotiation. But if necessary, Rafaeli Law PLLC is prepared to take your case to trial.

10. How much does it cost to hire a drowning and pool accident lawyer in Miami?

We work on a contingency fee basis; you pay nothing unless we win your case.

Schedule a Consultation

Get a Free Consultation

If you are facing a personal injury or insurance dispute, Rafaeli Law PLLC is here to help. We are dedicated to protecting your rights and helping you secure the compensation you deserve.

1500 Weston Rd Suite 200, Weston, FL 33326

info@rafaelilaw.com

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