The Haggard Law Firm’s Michael Haggard and Adam Finkel secured a $5.175 Million settlement in a fatal drowning case involving a minor with special needs. The child drowned in an apartment complex retention pond.
The settlement was secured on behalf of the surviving mother of the child.
Names of the parties and location of the case are confidential per terms of the settlement.
Attorneys Adam Finkel and Michael Haggard brought a wrongful death lawsuit against the apartment complex’s owners and managers, alleging responsibility for the circumstances that led to the child’s death. Although the defendants denied liability, the matter ultimately settled for $5.175 Million.
The settlement underscores the serious safety concerns surrounding retention ponds at residential properties, particularly when children with special needs may be at increased risk of wandering and drowning.
For families who have lost a child in a retention pond drowning, questions about property maintenance, safety measures, and potential legal responsibility can be overwhelming. For attorneys handling wrongful death and premises liability matters, these cases may require a detailed investigation into the property’s design, maintenance, and applicable safety requirements.
Can an Apartment Complex Be Held Responsible for a Retention Pond Drowning?
Apartment complex owners and managers may have legal responsibilities to address foreseeable safety hazards on their properties. Depending on the circumstances, a retention pond can present significant risks to residents, visitors, and children.
A retention pond is designed to collect and manage stormwater runoff. However, its slopes, depth, surrounding landscaping, accessibility, and maintenance can create dangerous conditions.
When a child drowns in a retention pond, an investigation may examine whether the property owner or management company failed to take reasonable steps to address known or foreseeable dangers.
Potential areas of investigation can include:
- Pond design and construction.
- Maintenance and inspections
- Access and safety measures:
- Knowledge of the risks
- Applicable regulations and permits
Every case depends on its particular facts. The existence of a retention pond or a drowning incident does not automatically establish negligence. A thorough investigation is necessary to determine whether a property owner or another responsible party may be legally accountable.
Retention Pond Drownings and Children With Special Needs
Retention pond drownings are a significant safety concern for families, particularly those with children who have autism or other special needs.
Some children with special needs may be at increased risk of wandering or elopement. When a retention pond is located near a residence, an accessible water hazard can create serious concerns for families and property owners alike.
An investigation may need to consider the child’s circumstances, the property’s layout, the proximity of the pond to residential areas, and whether reasonable precautions were taken to address foreseeable risks.
For decades, The Haggard Law Firm has represented victims of non-fatal drownings and families of those lost to a fatal drowning. Our attorneys passionately advocate for swim safety regulations on the local, state, and federal level.
What Should Families Investigate After a Retention Pond Drowning?
When a child drowns in a retention pond at an apartment complex or residential community, important evidence may be lost or conditions may change. An investigation can help preserve information needed to evaluate a potential wrongful death claim.
Depending on the circumstances, attorneys may examine:
- Photographs, video, and measurements of the retention pond
- Engineering plans and stormwater management documents
- Applicable environmental resource permits and regulations
- Inspection, maintenance, and repair records
- Prior complaints or reports involving the pond
- Property ownership and management responsibilities
- The presence or absence of fencing, barriers, and warning signs
- Witness accounts and incident reports
Determining who owned, operated, maintained, or controlled the pond can also be important. Responsibility may involve multiple parties, depending on the property’s ownership structure and maintenance arrangements.
Families should consider speaking with an attorney experienced in drowning and wrongful death cases to understand their legal options and the importance of preserving evidence.
A $5.175 Million Wrongful Death Settlement Secured by The Haggard Law Firm
In this Florida case, Adam Finkel and Michael Haggard brought a wrongful death lawsuit against the owners and managers of an apartment complex after a minor with special needs drowned in the property’s retention pond.
The defendants denied liability. The matter ultimately resolved in 2026 with a $5.175 million settlement for the child’s surviving mother.
The result reflects the importance of investigating the circumstances surrounding a child’s drowning and examining whether property owners and managers fulfilled their responsibilities to address potential safety hazards.
Attorneys: Refer Retention Pond Drowning and Wrongful Death Cases to The Haggard Law Firm
Retention pond drowning cases can involve complex questions of premises liability, property management, engineering, stormwater regulations, and drowning prevention. They may require attorneys to investigate multiple parties and evaluate technical evidence concerning the pond’s design, maintenance, and safety.
The Haggard Law Firm has extensive experience representing families in drowning and negligent premises cases, including incidents involving retention ponds, pools, and children with special needs.
For plaintiff attorneys handling wrongful death, catastrophic injury, or premises liability matters, the firm is available to discuss potential referrals and co-counsel opportunities involving:
- Retention pond and stormwater pond drownings
- Hotel and apartment complex drowning incidents, including pools
- Drownings involving children with autism or special needs
- Allegedly unsafe pond slopes or inadequate barriers
- Property owner and management company liability
- Negligent maintenance and premises safety claims
Attorneys with a potential drowning or negligent security matter are encouraged to contact The Haggard Law Firm to discuss a possible referral or co-counsel arrangement. Any referral or fee-sharing arrangement must comply with applicable professional conduct rules.
Frequently Asked Questions About Retention Pond Drowning Lawsuits
- Can I file a wrongful death lawsuit if my child drowned in an apartment complex retention pond?
Depending on the circumstances, a surviving parent or other legally authorized representative may have grounds to pursue a wrongful death claim. An investigation may examine whether the property owner, management company, or another responsible party failed to address foreseeable dangers or maintain the property appropriately.
- Are apartment complex owners responsible for retention pond safety?
Apartment complex owners and other responsible parties may have legal duties concerning the maintenance and safety of property features, including retention ponds. The specific obligations depend on ownership, control, applicable regulations, and the circumstances of the incident.
- What evidence is important in a retention pond drowning case?
Important evidence may include engineering plans, environmental resource permits, maintenance records, inspection reports, photographs, surveillance footage, prior complaints, and witness statements. Evidence concerning the pond’s slopes, depth, accessibility, and safety features may also be significant.
- Can an apartment management company be sued after a retention pond drowning?
Potentially. Depending on its responsibilities and conduct, a management company may be among the parties investigated in a wrongful death case. The property’s ownership, management agreement, maintenance responsibilities, and knowledge of potential hazards may all be relevant.
- Does a settlement mean the property owner admitted fault?
No. A settlement does not necessarily constitute an admission of liability. In this case, the defendants denied liability, and the lawsuit ultimately resolved through a $5.175 Million settlement.
Contact The Haggard Law Firm About a Drowning or Wrongful Death Case
The death of a child in a retention pond raises difficult questions about property safety, maintenance, and whether reasonable precautions were taken to prevent a foreseeable danger.
The Haggard Law Firm represents families in serious injury and wrongful death matters,
