Settlement Highlights Importance of Property Owners Eliminating Dangerous Water Hazards That Can Attract Children
The Haggard Law Firm’s Adam Finkel and Michael Haggard secured a $2 Million pre-suit, policy limit settlement in a fatal drowning case.
The settlement resolves a claim against Village Green at Baymeadows Property Owners Association, Inc. following the April 2025 drowning of Arnez Dowdell, who recently moved into the neighboring apartment complex with his mother and sisters.
While the Association did not admit liability, it agreed to pay its $2 Million insurance policy limits before a wrongful death lawsuit was filed.
Drowning After Family Moves into New Home
On April 8, 2025, only a short time after relocating to a new apartment, young Arnez Dowdell wandered to the neighboring apartment community, where he drowned in a stormwater management system.
The water feature was part of a stormwater management system owned and operated by Village Green at Baymeadows Property Owners Association, Inc.
The loss devastated Arnez’s family and prompted an extensive investigation into whether the property owner had taken reasonable steps to protect children from known water hazards.
Investigation Raised Questions About Property Maintenance and Safety
The Haggard Law Firm investigated the circumstances surrounding the drowning and examined the condition and maintenance of the stormwater management system.
The property contained a wooden board extending into the water, functioning as a ramp. Evidence suggested the board was intentionally placed to help turtles enter the water, and management either had long been aware of its presence and allowed it to remain, or placed it there themselves. The board created an unnecessary feature that attracted children toward the water, increasing the risk of drowning.
Finkel and Haggard believed these conditions created what Florida law refers to as an attractive nuisance—a dangerous condition that is likely to draw children who may not fully appreciate the risks involved.
Attractive Nuisance and Property Owner Responsibility
Under Florida law, property owners have a duty to take reasonable steps to protect children from hazardous conditions that are likely to attract them.
While every case depends on its specific facts, water hazards can present significant dangers when they are not properly secured, maintained, or designed to discourage child access.
Features that unnecessarily encourage children to approach dangerous water areas may expose property owners to liability when foreseeable injuries occur.
$2 Million Policy Limits Settlement Reached Before Lawsuit Filed
Following its investigation, The Haggard Law Firm attorneys Michael Haggard and Adam Finkel prepared a wrongful death lawsuit on behalf of Arnez’s surviving parents.
Before filing suit, the firm presented evidence gathered during its investigation, along with information from law enforcement to the Association.
Although the Association denied negligence, it ultimately agreed to resolve the claim by paying its full $2 million insurance policy limits, avoiding litigation.
Apartment Complexes Must Prioritize Water Safety
Stormwater management systems, such as dry and wet retention ponds, and other water management systems are common features at apartment communities throughout Florida.
These areas can become especially dangerous for young children when:
- Hazards are not properly maintained.
- Attractive features encourage children to approach the water.
- Safety measures are inadequate.
- Dangerous conditions remain unaddressed despite notice.
Property owners and homeowners’ associations have an important responsibility to identify and correct foreseeable hazards that place children at risk.
The Haggard Law Firm’s Commitment to Water Safety
The Haggard Law Firm has represented families in drowning and wrongful death cases throughout Florida and across the country.
Managing Partner Michael Haggard serves on the Board of Directors of the National Drowning Prevention Alliance (NDPA) and has spent decades advocating for stronger water safety standards and accountability when preventable tragedies occur. Finkel serves as the chair of the nationwide drowning litigation group for the American Association of Justice.
While no legal outcome can replace the loss of a child, pursuing accountability can help encourage safer property management practices and prevent similar tragedies in the future.
Contact The Haggard Law Firm
If your family has suffered the loss of a loved one due to a drowning or another preventable incident involving negligent property maintenance, The Haggard Law Firm may be able to help.
Our attorneys investigate cases involving:
- Apartment complex, hotel, short term vacation rental drownings
- Retention and stormwater pond drownings
- Negligent security
- Wrongful death
- Premises liability
- And more
To learn more about your legal rights, contact The Haggard Law Firm for a confidential consultation. There is no financial obligation.
