Key West Injury Lawyer Blog
A House Bill meant to improve swimming pool safety – the number one killer of children under 5 years old in the state – recently died in subcommittee.
The bill provided for the enhancement of safety measures for residential swimming pools in the state, particularly during property transfer or sales. It also specified that title companies and inspectors report non-compliance to local agencies.
Current law, Florida Statutes § 515.27. requires that houses built or remodeled after Oct. 1, 2000, be equipped with one of five safety features. These features range from barriers surrounding the pool, an in-water alarm, a self-latching lock on doors or on fences around pools, a pool safety cover or an alarm on any doors and windows that would give curious children direct access to a swimming pool. Penalties for noncompliance with state law include a fine and/or possible jail time.
The bill died in subcommittee, an outcome bemoaned by many, including Christina Martin of Broward County.
In 2016, Martin put her 2-year-old son, Gunner, down for a nap and went to another room to watch a movie with her husband, she told reporters with Channel 10 in Tampa Bay. While she and her husband sat in the next room, their child slipped out of his bed and into the backyard where he drowned in the family’s swimming pool.
Since her son’s death, Martin funneled her grief into advocacy and founded the Gunner Martin Foundation, a nonprofit focused on prevention and awareness related to childhood drowning incidents.
Martin remains committed to working towards her goal, she told reporters.
“If we don’t get it done this year, we’re going to push it next year, and if it doesn’t get done next year, we’ll be there the next year,” she said. “We need it more than anything.”
Leesfield & Partners
Leesfield & Partners is a personal injury law firm with more than 48 years of experience across various practice areas in Florida, including premises liability and drowning cases. There were about 60 drowning deaths in the state for the first half of 2024, according to the latest available data. Of the 60 people who tragically lost their lives, about 46 of them were children. Drowning remains the leading cause of death for children under 5 years old, according to the Florida Department of Health, with enough children dying each year to fill several school classrooms.
Despite the bill dying in subcommittee politicians have recognized the importance of this pressing issue.
“More than ever, we want to make sure that we bring awareness to water safety and drowning prevention,” Florida Lt. Gov. Jeanette Nuñez told reporters with the Tallahassee Democrat last July.
In April 2024, Gov. Ron DeSantis signed a bill, allocating $500,000 to fund free swimming lessons for low-income families with children that were 4 years old and younger.
Childhood drowning remains a critical concern in Florida, a state that draws millions of tourists each year. Among them, nearly 5 million make their way to Key West—home to one of Leesfield & Partners’ three offices, located on historic Whitehead Street. As summer nears and visitors begin their annual return, Leesfield & Partners recognizes the vital importance of drowning prevention strategies: swim instruction, secure pool environments and constant supervision of young children.
Tragically, for some families, these precautions come too late — turning what should be a joyful vacation into a devastating and preventable loss.
Previously, the firm secured a seven-figure settlement for a family whose toddler drowned in South Florida. In that case, an inadequately installed child safety fence around the pool was found at the home.
Leesfield & Partners obtained a historic settlement in a case involving a swimming pool incident at a Hotel Resort Orlando in Osceola County. In that case, our client’s son was swimming when he was caught in the suction of the pool’s drain. The child could not be removed because the hotel failed to have an emergency shut off switch.
For nearly 10 minutes, our client’s child remained underwater. As a result, he was later diagnosed with brain damage that would require life-long medical care. This case, which was handled by Founder and Managing Partner, Ira Leesfield, is the largest result of its kind in Osceola County.
Water Safety Tips
- Keep toys away from the pool when not in use to prevent children from falling into the water when potentially trying to reach for them.
- Always completely remove a pool cover before jumping in to use the pool
- Make sure all external doors leading to a pool area or body of water like a lake or ocean are equipped with proper locks and alarms that way, even if a child manages to unlock the door, you will know that it has been opened.
- Dress children in brightly colored swimsuits so that, if the unthinkable happens, they are easier to spot in the water.
- Never leave a child unattended near a body of water.
- Children who cannot swim should always wear a life vest and be in the water with an adult.
- All pools should be equipped with child safety fences and locks.
- Invest in swimming classes and water safety courses for children and adults. No one expects tragedy but knowing what to do in case of an emergency can save a life.
- Take a CPR course to know what to do in case of an emergency.
