Drowning remains one of the most serious preventable causes of death and catastrophic injury in the United States. Each year, drowning incidents create lasting medical, emotional and financial consequences for families. Understanding safety standards, legal responsibilities and potential liability theories can help when evaluating potential claims.
The U.S. Centers for Disease Control and Prevention (“CDC”) estimates there are approximately 3,960 fatal unintentional drownings each year.[i] “That is an average of 11 drowning deaths per day.”[ii] Each year, there are about 8,080 nonfatal drownings; averaging 22 nonfatal drownings per day.[iii] The CDC defines a “nonfatal drowning” as an event where a “person survives a drowning incident with a range of outcomes, from no injuries to very serious injuries or permanent disability.”[iv]
- Drowning is fast and often silent. CDC data shows about 11 fatal and 22 nonfatal drownings each day, with children ages 1 to 4 at the highest risk.
- Most incidents happen during non-swim times and even when an adult is present, underscoring why supervision and safety layers matter.
- State pool rules in Florida and North Carolina require supervision and lifesaving equipment. Violations can shape liability.
- The article explains how negligence claims work, what damages may be available and why early legal review can affect next steps.
Children and Drowning Risks
Children face disproportionately high drowning risks compared to other age groups.
“In the U.S. more children ages 1 to 4 die from drowning than any other cause of death except birth defects.”[v] Additionally, “for children ages 1–14, drowning is the second leading cause of unintentional injury death after motor vehicle crashes.”[vi]
In North Carolina and Florida, where I am licensed to practice law, drowning death rates are 1.05 and 2.01 per 100,000 persons respectively. Nationally, drowning remains a leading cause of childhood death.[vii]
Prevention Efforts and Water Safety Education
The National Drowning Prevention Alliance (“NDPA”) is a 501(c)(3) nonprofit organization dedicated to drowning prevention and water safety education.[viii]
According to NDPA safety research, “Drowning can happen in as fast as 30 seconds.” Nearly 70% of childhood drownings occur during non-swim times and 88% of child drowning incidents occur when at least one adult is present.[ix]
Swimming Pool Safety Laws and Regulations
Many states regulate public swimming pools through administrative codes that establish minimum safety requirements for operators.
Florida Pool Safety Requirements
Florida Administrative Code 64E-9.008 requires public pool owners or operators to provide supervision and maintain safety conditions during public use of swimming facilities.
North Carolina Pool Safety Requirements
North Carolina requires public pools to maintain lifesaving equipment at all times. 15A North Carolina Administrative Code 18A.2530 provides that, “Swimming pools shall have lifesaving equipment conspicuously and conveniently on hand at all times.” Acceptable safety equipment may include shepherd hooks, throwing ropes, or ring buoys.[x]
National Safety Recommendations
National safety organizations encourage layered protection strategies to reduce drowning risk.[xi]
Recommended safety practices include:
- Installing four-sided fencing with self-closing and self-latching gates, along with door alarms, window alarms and safety covers.
- Providing close, constant and capable adult supervision whenever children are near water. Swimming where lifeguards are present is also recommended.
- Keeping a telephone near the pool for emergency use, preferably a landline connected to the pool’s physical address.
- Encouraging pool owners and operators to complete water safety and rescue training courses.
Negligence and Liability in Drowning Injury Claims
Most drowning injury lawsuits are based on negligence. Negligence occurs when a person or entity fails to exercise ordinary care and that failure causes injury.
To prove negligence, a plaintiff must typically establish duty, breach, causation and damages.
“Proximate cause is a cause which in natural and continuous sequence, unbroken by any new and independent cause, produced the plaintiff's injuries and without which the injuries would not have occurred and one from which a person of ordinary prudence could have reasonably foreseen that such a result, or consequences of a generally injurious nature, was probable under all the facts as they existed.”[xii]
Foreseeability is often evaluated in determining causation. Plaintiffs generally must show that “in the exercise of reasonable care, the defendant might have foreseen that some injury would result from his act or omission, or that consequences of a generally injurious nature might have been expected.”[xiii]
Damages in Drowning Injury Cases
If a pool owner or operator is found responsible, victims may recover both economic and non-economic damages.
Economic damages typically include measurable financial losses such as medical bills, rehabilitation costs, lost wages and loss of future earning capacity.
Non-economic damages may include compensation for pain and suffering, emotional distress and mental anguish. If a victim dies, surviving family members may pursue certain damages for suffering experienced prior to death. Juries usually determine damages based on evidence presented.
Legal Considerations and Guidance in Drowning Cases
I am sorry if you are reviewing this information because you or someone you love was involved in a drowning incident. I hope the information above has been helpful as you consider your options.
Drowning injury claims often require different legal analysis than other types of personal injury matters. For that reason, working with an experienced attorney can help protect your rights and evaluate potential recovery.
Over the course of my career, I have handled and resolved drowning-related injury and wrongful death claims. I am licensed to practice law in Florida and North Carolina and also co-counsel claims in other jurisdictions.
If you would like to learn more about my practice or request a free consultation, please visit my website.
[i] “Drowning Data.” Centers for Disease Control and Prevention, Centers for Disease Control and Prevention, 17 June 2021, https://www.cdc.gov/drowning/data/index.html#:~:text=Every%20year%20in%20the%20U.S.,11%20drowning%20deaths%20per%20day.
[ii] Id.
[iii] “Drowning Facts.” Centers for Disease Control and Prevention, Centers for Disease Control and Prevention, 10 Mar. 2022, https://www.cdc.gov/drowning/facts/index.html.
[iv] Id.
[v] Id.
[vi] Id.
[vii] “Drowning Facts.” Centers for Disease Control and Prevention, Centers for Disease Control and Prevention, 10 Mar. 2022, https://www.cdc.gov/drowning/facts/index.html.
[viii] “Home.” NDPA, 28 June 2022, https://ndpa.org/.
[ix] Id.
[x] Id.
[xi] Id.
[xii] Hairston v. Alexander Tank Equipment Co., 310 N.C. 227, 233 (N.C. 1984)
[xiii] Id.
