When tragedy strikes—especially the fatal drowning of a child or loved one—it feels impossible to recover. These accidents, particularly around pools at hotels, resorts, apartment complexes, HOAs, or recreation facilities, are every family’s worst nightmare. At Jimenez Mazzitelli Mordes, we stand with families across Miami, Hinds County, and Florida, helping you seek full accountability and compensation when negligence claims the life of someone you love.
1. What Is a Wrongful Death Due to Drowning or Drain Entrapment?
A wrongful death claim arises when a fatal drowning or entrapment occurs because a property owner or service provider failed in their duty—whether through premises liability, negligent supervision, defective maintenance, or lack of proper warning. These deaths are not “accidents” in isolation—they result from unsafe conditions that were known or should have been identified and corrected.
This includes scenarios like:
- A broken pool gate that lets a toddler wander in unsupervised.
- A hotel pool with no lifeguard on duty, inadequate fencing, or missing drain covers.
- An HOA pool with malfunctioning pumps causing suction entrapment.
- Resorts where life-saving equipment was missing or staff lacked emergency training.
Each of these failures may ground a premises liability / negligent supervision theory.
2. Who Can File a Wrongful Death Lawsuit?
Only certain persons may file a wrongful death lawsuit under Florida law:
- The personal representative of the deceased’s estate (often a parent or spouse).
- Eligible family members—typically spouses, children, or parents—may receive the recovery.
We help families navigate this process, from appointing the personal representative to structuring claims that include both economic (medical, funeral, loss of support) and non-economic damages (emotional suffering, lost guidance).
3. Compensation Available in Drowning Wrongful Death Cases
Victims’ families may recover:
- Medical and funeral expenses, including emergency rescue and hospital care.
- Loss of support—financial contributions the deceased would have made.
- Pain and suffering endured by the deceased before death, and by family members.
- Loss of companionship—especially crucial when a parent or child is lost too early.
- Punitive damages, if recklessness or extreme negligence can be shown (e.g., removing child-proof gates or disabling drain covers).
Proving such compensation often requires gathering documentation from hospitals, maintenance logs, swim surveillance, and expert testimony.
4. Statute of Limitations: Time Is Never On Your Side
In Florida, wrongful death claims must be filed within two years from the date of death. Waiting increases the risk of evidence disappearing and jeopardizing your claim. We move quickly—preserving evidence (incident reports, photographs, witness statements) is vital.
5. How We Help Families in These Tragedies
Here is how we support families:
- Prompt investigation: We immediately visit the scene, lock in video evidence, preserve defective equipment, and speak with witnesses.
- Premises liability & compliance check: We assess whether the property owner met safety codes (e.g., Florida pool fencing, lifeguard requirements, anti-entrapment measures), and whether staff were trained to supervise or respond.
- Expert collaboration: Engineers, life-safety experts, medical professionals, and event supervisors help us establish how negligence led to the fatal incident.
- Demand and litigation: We negotiate with insurers aggressively. If needed, we take your case to court to secure rightful compensation.
- Compassionate guidance: We know this is the worst moment of your life. We guide you with empathy, respect, and clarity at every stage.
FAQs: Drowning-Related Wrongful Death Claims
- What qualifies as negligent supervision?
Failing to assign or properly train lifeguards, ignoring posted rules, and not maintaining safe access to water hazards. - Can we sue an HOA or pool management company?
Yes—any party responsible for maintenance or supervision, including HOAs, lifeguard services, property managers, and cleaning crews. - What if the drain cover was defective?
That may be a product liability concern or grounds for punitive damages if the risk was known but unchecked. - Are children more likely to qualify for punitive damages?
While all wrongful death victims may have these damages, cases involving children often raise the bar due to foreseeability and vulnerable risk. - How do we preserve evidence after the incident?
Contacting us immediately ensures we document everything—pool equipment, drains, maintenance logs, staff training records, warning signs, etc.
Contact Jimenez Mazzitelli Mordes in Miami
Losing a loved one to drowning or entrapment is shattering. At Jimenez Mazzitelli Mordes, we help families in Miami, Hinds County, and across Florida pursue justice and compensation through wrongful death claims grounded in premises liability, negligent supervision, maintenance failures, and more. We act swiftly, compassionately, and strategically, so you’re not alone in facing the aftermath.
Contact us now for a free, confidential consultation. Together, we’ll seek justice—and work to prevent another family from suffering the same tragedy.