The Haggard Law Firm’s Pedro Echarte and Michael Haggard, along with co-counsel Christopher O’Toole, have secured a $6 Million settlement in a fatal drowning case involving a 2-year-old child.
Child drownings remain one of the leading causes of accidental death for young children in Florida. When these incidents occur at apartment complexes or other residential properties, they often raise serious questions about premises liability, negligent maintenance, and compliance with safety regulations.
This case underscores how multiple failures can converge to create a preventable tragedy—and why property owners must be held accountable.
The names of the parties and specific location where the tragedy occurred are confidential per terms of the settlement
What Happened: A Preventable Retention Pond Drowning
On June 7, 2025, a 26-month-old child drowned in a retention pond located directly behind his family’s apartment unit.
The family had moved into the complex just one month earlier. Concerned about water hazards on the property, they specifically requested a second-floor unit to better protect their young child. Despite this request, they were placed in a first-floor apartment adjacent to a retention pond.
- The unit included a screened-in patio where the washer and dryer were located. Critically:
- The patio screen had been damaged and torn
- The family had submitted a maintenance request to repair it
- The repair was not completed in a timely manner
On the day of the incident, the child was home with his mother and other adult family members. While household chores were underway, the child exited through the broken patio screen, reached the retention pond, and drowned.
Dangerous Property Conditions: More Than One Failure
This case highlights several key safety failures that are frequently seen in apartment complex drowning cases:
- Failure to Honor Safety-Based Housing Requests
The family explicitly requested a second-floor unit due to concerns about nearby water hazards. Assigning a ground-floor unit next to a retention pond significantly increased the risk to a toddler.
- Negligent Maintenance and Repair
A broken patio screen created a direct and foreseeable hazard. When property owners fail to address known maintenance issues—especially those affecting child safety—they may be liable for resulting injuries or death.
- Unsafe Retention Pond Design
Retention ponds must comply with established safety standards. In this case, the pond allegedly failed to meet required slope regulations, which are designed to prevent sudden drop-offs into deep water.
- Required slope: 4:1 ratio (gradual incline for safer entry/exit)
- Actual condition: Excessively steep slope leading quickly into deep water
- Steep embankments can make it nearly impossible for small children to regain footing once they enter the water.
Legal Issues: Wrongful Death and Premises Liability
The child’s parents pursued a wrongful death claim against the apartment complex, citing multiple grounds of negligence:
- Failure to provide the requested second-floor unit
- Failure to repair a known safety hazard (the patio screen)
- Failure to maintain the retention pond in compliance with safety regulations
After conducting site inspections, surveys, and consulting with expert witnesses, the family developed substantial evidence supporting their claims.
The case was ultimately resolved pre-suit for a significant settlement, avoiding the need for formal litigation.
Common Defenses in Drowning Cases
As is often the case in drowning incidents, the defendants raised several legal defenses:
- Comparative Fault
- The defense argued that the child was not supervised for approximately 13 minutes, suggesting that caregiver inattention contributed to the tragedy.
- Fabre Defendants (Third-Party Fault)
- The defendants attempted to shift blame to others who may have been responsible for supervising the child at the time.
- Disputed Maintenance Claims
The property owner claimed the screen had been repaired after the initial request and that no follow-up work order was submitted. This was disputed by the plaintiffs.
These defenses are common in Florida drowning and wrongful death cases, but they do not eliminate a property owner’s responsibility to maintain safe premises.
Why Retention Ponds Pose Serious Risks
Retention ponds are common throughout Florida, particularly in apartment complexes, HOAs, and commercial properties. However, they can be extremely dangerous when not properly maintained.
Key risk factors include:
- Steep or non-compliant slopes
- Lack of barriers or protective fencing
- Poor visibility or lighting
- Proximity to residential units
- Inadequate warning signage
When property owners fail to address these risks, they may be held legally accountable for resulting injuries or fatalities.
The Role of Experienced Legal Representation
Cases involving child drownings, negligent security, and unsafe premises require a thorough investigation and a deep understanding of applicable regulations and liability standards.
At The Haggard Law Firm, our attorneys have decades of experience handling fatal and non-fatal drowning cases involving:
- Apartment complexes
- Hotels and resorts
- Vacation rentals
- Residential communities
We work with engineers, safety experts, and investigators to uncover the truth and hold negligent parties accountable.
Seeking Justice After a Preventable Tragedy
While no legal action can undo the loss of a child, pursuing a wrongful death claim can:
- Hold negligent property owners accountable
- Bring answers and closure to grieving families
- Help prevent similar tragedies in the future
If your family has been impacted by a drowning incident at a commercial or residential property, it is critical to understand your legal rights.
