Drowning Accident Attorney Miami

Your Trusted Legal Resource After a Drowning Accident in Miami

Miami’s waterways, pools, marinas, and cruise terminals are part of daily life here. When a near-drowning or fatal drowning happens, families are left searching for answers in the middle of grief, medical bills, and insurance pressure. Maritime and Florida laws intersect in unique ways that can affect your rights, deadlines, and recovery.

With more than 25 years of experience and countless successful cases, you can trust Michael C. Black, P.A. to handle your legal issue efficiently and effectively. Since 1995, Michael C. Black has been representing clients throughout Florida and the world in a wide variety of maritime and admiralty law cases, including drowning accident claims, cruise ship injuries, and other complex matters at sea and on navigable waters.

Request a confidential consultation today. Call our Miami office at (305) 964-8792 or send a message to get your case evaluated by our drowning accident lawyer.

Miami Drowning Accidents and Maritime Law

Drowning incidents in Miami can occur in hotel and condo pools, private residences, waterparks, marinas, charter boats, yachts, cruise ships, personal watercraft and jet ski rentals, excursions, and along beaches and intracoastal waterways. Each setting raises different legal questions about who is responsible and which laws apply.

Our firm navigates the critical threshold questions that drive your case strategy:

• Where did the incident occur, and is the waterway considered navigable under federal law
• What duties did the property owner, vessel owner, operator, or employer owe to you or your loved one
• Do federal maritime statutes, Florida law, or both apply
• Are there ticket contract provisions, forum selection clauses, or notice requirements that impact your claim
• Which insurers are involved, including P and I underwriters for vessels and general liability carriers for land-based facilities

We build cases that address liability, causation, and damages with precise attention to maritime rules, the standard of care for vessel operators, and property owner obligations for pool and aquatic safety.

Common Causes We See In Miami

• Unsupervised or inadequately supervised pools at hotels, short-term rentals, and condominiums
• Missing, defective, or noncompliant pool barriers, gates, or drain covers
• Lifeguard negligence, understaffing, or inadequate training
• Defective safety equipment, such as life rings, throw ropes, and rescue poles
• Negligent operation of boats, tenders, and jet skis leading to falls overboard or near-drowning
• Alcohol or drug use by operators or crew
• Dangerous conditions on cruise ships, excursion vessels, or docks
• Failure to warn about rip currents, sudden drop-offs, or hazardous conditions

Who May Be Liable After a Drowning Accident

Determining fault is fact-intensive and can involve multiple parties:

• Vessel owners, captains, and operators for negligent navigation, lookout, or safety practices
• Cruise lines and excursion operators for unsafe conditions or inadequate supervision
• Hotels, resorts, condo associations, and property managers for pool code violations and lack of safety measures
• Homeowners or short-term rental hosts for negligent maintenance or supervision
• Rental companies and tour providers for poor instruction, defective equipment, or failure to enforce safety policies
• Manufacturers of defective pool components or marine equipment

Our team preserves and analyzes evidence quickly, including incident reports, surveillance video, maintenance logs, training records, crew schedules, electronic navigation data, and witness statements. We also work with maritime safety and aquatic specialists to reconstruct events and establish how the incident could have been prevented.

The Role of Maritime Law

When a drowning occurs on navigable waters or involves a vessel, maritime law may control issues such as duty of care, damages, and deadlines. In cases involving cruise passengers or crew, additional statutes and doctrines can apply. We evaluate whether federal maritime jurisdiction is triggered and how it affects fault allocation, available damages, and choice of forum. Where Florida law remains relevant, we align your claim to preserve every avenue of recovery.

Deadlines, Notice, and Ticket Contract Traps

Time limits in maritime and Florida cases can be shorter than people expect. Some cruise passenger tickets require written notice very quickly and mandate lawsuits be filed within a year in a specified court. Claims tied to maritime incidents often have a three-year federal limitation period, but exceptions and contractual terms can shorten that timeline. Florida wrongful death actions generally have a shorter filing window than many injury claims.

Because these rules are technical and fact-dependent, contacting a drowning attorney in Miami as early as possible is the safest way to protect your rights. We review ticket contracts, charter agreements, rental waivers, insurance policies, and venue provisions to ensure notice is timely and the case is filed in the correct court.

Wrongful Death and Catastrophic Injury

Drowning and near-drowning cases may involve hypoxic brain injury, cardiopulmonary complications, and long-term rehabilitation needs. In fatal cases, eligible survivors may pursue wrongful death claims seeking funeral costs, loss of support and services, and other damages allowed by law. We work with medical and economic specialists to document past and future losses, life care plans, and the full impact on the family.

What To Do After a Drowning or Near Drowning

• Seek immediate medical care and follow all treatment recommendations
• Report the incident to the property owner, vessel operator, or cruise line in writing
• Preserve ticket contracts, rental paperwork, and any excursion documents
• Photograph the scene, safety equipment, warning signs, and conditions
• Identify and save contact information for witnesses and crew
• Avoid providing recorded statements to insurers before speaking with counsel
• Contact a drowning accident lawyer in Miami to review jurisdiction, notice, and forum issues

How We Build Your Case

From day one, we move to secure the evidence that often disappears quickly in aquatic cases:

• Demand preservation of video, maintenance logs, training records, and voyage data
• Inspect the scene or vessel and document safety systems and code compliance
• Interview witnesses, lifeguards, crew, and first responders
• Coordinate with maritime safety and medical specialists
• Analyze contracts and insurance layers, including P and I coverage
• Quantify economic and non-economic damages with credible support

Damages That May Be Available

Every case is different, but compensation in drowning accident claims may include:

• Medical bills, emergency transport, hospitalization, and rehabilitation
• Future medical care and life care planning for hypoxic brain injuries
• Lost wages and loss of earning capacity
• Pain, suffering, and loss of enjoyment of life
• Funeral and burial costs in wrongful death cases
• Loss of support and services for eligible survivors
• Pre and post-judgment interest where permitted

Why Choose Michael C. Black, P.A.?

For decades, our firm has focused on maritime and admiralty law with a record of results for injured passengers, crew, and families. With more than 25 years of experience and countless successful cases, you can trust Michael C. Black, P.A., to handle your legal issue efficiently and effectively. We offer clear communication, strategic planning, and relentless advocacy tailored to Miami’s ports, marinas, and waterways.

Cruise and Excursion Drownings

Miami is a major cruise hub, and many drownings or near drownings are tied to onboard pools, shipboard activities, or third-party excursions. Ticket contracts often include forum selection and shortened limitation periods. Excursions may involve separate operators and additional insurance layers. Our firm identifies all responsible entities, navigates contract terms, and ensures timely notice and filing. We pursue claims for unsafe pool operations, inadequate supervision, defective equipment, and dangerous shore excursion conditions.

Charter, Yacht, and Jet Ski Incidents

Private charters and personal watercraft rentals are popular around Biscayne Bay and the Intracoastal. Operators must follow navigational rules, keep a proper lookout, and avoid reckless behavior. Rental outfits must provide safe equipment and adequate instruction. When these obligations are breached, victims can seek compensation for resulting injuries and losses.

Hotels, Resorts, and Residential Pools

Pool safety in Miami is governed by codes and industry standards designed to prevent entrapment, unsupervised access, and diving injuries. Liability can arise from broken gates, noncompliant drain covers, missing safety equipment, and a lack of supervision. We evaluate code compliance, maintenance practices, prior incident history, and staff training to demonstrate negligence and causation.

How Long Will My Case Take

Timelines vary based on injuries, complexity, insurance coverage, and whether litigation or trial is required. Early, thorough preparation often increases the chance of a fair settlement. If a trial is necessary, we are prepared to present a compelling, evidence-based case.

Frequently Asked Questions

What is the difference between a drowning claim on land and one on navigable waters?

The location often determines whether maritime law, Florida law, or both apply. Maritime jurisdiction can affect duties of care, damages, deadlines, and where the case must be filed. We analyze location and contracts to choose the strongest path.

How quickly should I contact a lawyer after a drowning accident?

Immediately. Some cases have short notice requirements and ticket contract deadlines. Early counsel preserves evidence, secures witness statements, and protects your right to file in the correct court.

Can I bring a claim if the drowning happened during a cruise ship excursion?

Yes, depending on the facts. Excursions may involve third-party operators and layered insurance. Ticket and excursion documents can include forum selection clauses and shortened limitation periods that must be carefully managed.

What if my loved one suffered a brain injury after a near-drowning?

Hypoxic brain injuries can require lifelong care. We coordinate medical evaluations and life care planning to document current and future needs, then pursue compensation for those costs and related losses.

Who can be held responsible for a pool drowning at a Miami hotel or condo?

Potentially the hotel, resort, condo association, property manager, or a third-party pool service. Liability can stem from code violations, lack of supervision, missing safety equipment, or failure to warn of hazards.

Do I have a case if alcohol was involved?

Possibly. Alcohol use by operators or inadequate supervision can constitute negligence. Comparative fault principles may apply, but you may still recover damages depending on the facts.

How much is my drowning accident case worth?

Value depends on liability strength, injury severity, medical needs, lost income, and available insurance. We provide a tailored evaluation after reviewing medical records, contracts, and evidence.

Protect Your Family’s Future After a Miami Drowning Accident

If a drowning or near-drowning has changed your life, take the next step now. Our firm will move quickly to secure evidence, meet critical deadlines, and pursue full compensation under maritime and Florida law.

Call Michael C. Black, P.A. at (305) 964-8792 to schedule a case evaluation or send a message through our contact form for prompt help.