The Haggard Law Firm’s Adam Finkel and Michael Haggard have secured a $4 Million settlement in a fatal drowning case involving a minor.
The tragedy serves as another cautionary tale reminding us all to remain vigilant of what safety measures are and are not in place at the complexes that our kids live in and the hotels we visit. Finkel and Haggard recently authored the following editorial on the role corporations play in drowning prevention:
Property owners, managers must remember their professions/roles play a significant part in water safety. The duty to protect our children from drowning extends to corporations throughout the country that are positioned to ensure that necessary layers of protection are effectively in place.
The multi-million-dollar confidential settlement serves as another wake-up call to hotels, residential property owners and associations, management companies, and insurers that maintenance of necessary water safety measures cannot be ignored. The message behind the result is unmistakable: those in a position, and perhaps dutybound to institute aquatic safety measures must help protect our children. No child should lose their life in a preventable drowning, and from a business standpoint, companies are financially better off doing the right thing than satisfying these significant settlements.
This editorial focuses on the increased incidence of kids running near retention ponds. Retention ponds are not ascetic landscaping. In August, the city of Jacksonville Florida saw two young children drown in apartment complex retention ponds.
These bodies of water are engineered stormwater systems governed by detailed safety, maintenance, and environmental regulations. They require ongoing inspection, compliance with slope and grading requirements, vegetation control, visibility standards, and adherence to applicable water management district regulations and local codes. When owners cut corners or fail to stay informed about evolving safety obligations, the consequences can be catastrophic.
The law does not permit property owners to ignore those risks. Owners and managers of apartment communities, hotels, resorts, and other commercial properties have a duty to maintain their premises in a reasonably safe condition. That duty includes identifying foreseeable hazards and taking reasonable steps to prevent injuries and deaths. Retention ponds located within residential and hospitality properties are not exempt simply because they are part of a stormwater management system. If anything, their placement near playgrounds, sidewalks, parking lots, guest areas, or common spaces increases the obligation to anticipate that children and guests may encounter them.
Families often assume that common areas within their community or hotel are responsibly maintained and monitored, yet many corporations fail to conduct regular inspections of pond conditions, neglect erosion, allow dangerous overgrowth to obstruct visibility, or ignore grading defects that can trap someone who falls into the water. What many do not realize is that maintenance of these retention ponds is largely self-policing—that is, property owners and managers are expected to take it upon themselves to ensure that these stormwater management systems are maintained in compliance with mandatory safety regulations. No one from the government is driving around checking these ponds. They are understaffed. Instead, property owners must take steps to safely maintain these ponds, or tragically nothing may be done until someone is injured or dies.
Sadly, we all have become too accustomed to seeing unsecured retention ponds. What too many don’t realize – including property owners – is that the law often requires barriers, such as fences, to be erected when the land around a pond becomes too steep. The underlying problem is that many property owners remain dangerously uninformed about the laws and regulations governing stormwater retention systems. Compliance is not optional. Water management district requirements, local ordinances, building standards, and general premises liability principles all impose obligations that demand active attention. Owners must remain apprised of these standards and adapt their maintenance and safety practices accordingly. Ignorance of the law is not a defense when a child loses his or her life.
Retention ponds can no longer be treated as forgotten corners of commercial properties. Property owners and managers should implement regular inspections, ensure strict compliance with applicable codes, maintain safe slopes and clear visibility, install appropriate warnings and barriers where necessary, and proactively assess foreseeable risks to children and guests. Waiting until after a tragedy occurs is not only legally reckless — it is morally indefensible.
The Haggard Law Firm combines decades of experience advocating for drowning prevention with a proven track record representing children, adults, and families affected by drowning incidents. If your family has been impacted by a drowning, near-drowning, or water-related injury, contact The Haggard Law Firm to learn how we can help.
Past results do not guarantee future results. Every case is different and must be evaluated based on its individual facts. The names of the parties involved in this matter are confidential pursuant to the terms of the settlement.
