Barnhart settles Florida child drowning case for $15 million before trial

Attorney F. Gregory Barnhart and co-counsel secured a $15 million pretrial settlement in a North Florida child drowning case involving a retention pond at an apartment complex. The case highlights the ongoing risk of poorly protected water hazards in Florida, where child drowning deaths remain a leading safety concern.

Why it matters: - The $15 million settlement resolves a case that could have gone to trial and may influence how similar premises-liability and child-safety claims are valued. - The case centers on a water hazard at an apartment complex, a setting where children can reach danger quickly and without warning. - Florida continues to face a high rate of drowning deaths among children under 5, making pond and pool protections a life-or-death issue.

What happened: - F. Gregory Barnhart, a senior partner at Searcy, Denney, Scarola, Barnhart & Shipley, P.A. in West Palm Beach, settled the case for $15 million before trial. - Rita Jackman and William Powell of Your Advocates brought Barnhart into the case to help try it. - The case was filed in North Florida and involved the drowning death of a young girl who fell into a retaining pond and asphyxiated after inhaling water. - The pond was inside the property of an apartment complex where the child and her family lived.

The details: - Barnhart and his co-counsel argued the pond violated water management rules that call for a gradual slope so a person or child falling in is not immediately submerged over their head. - The pond deepened almost immediately, according to the litigation position described in the release. - A guardrail near the pond appeared protective to a casual observer, but Barnhart’s team argued the barrier was dangerous because it could create a false sense of safety. - The child reportedly stepped between the ground and the lowest rails and entered the water. - The defense blamed a teenage babysitter who admitted looking at videos on her phone while supervising the child. - Comparative negligence by family members or babysitters is described as a common defense in these cases. - Barnhart said pools remain the leading site of child drownings in Florida, and unprotected or poorly protected retention ponds follow close behind. - Barnhart also said each of those hazards is potentially deadly to a child.

Between the lines: - The settlement suggests the plaintiffs’ experts and liability theory created enough risk for the defense to resolve the case before a jury could weigh fault. - The release frames the pond design and the guardrail as the central safety failures, not just the babysitter’s distraction. - The case fits a broader Florida pattern in which natural and man-made water features can become hidden hazards for young children. - Barnhart said cases like this can drive safer protections for children and save lives, but they depend on strong experts and preparation to overcome fault-shifting defenses.

What's next: - The settlement ends the case before trial, but the release does not identify any additional court proceedings. - The outcome may be used by plaintiffs’ lawyers as an example in future child drowning and unsafe-retention-pond cases. - Families, property owners, and insurers may face continued pressure to improve barriers, slopes, and supervision standards around water hazards.

The bottom line: - A Florida child drowning case ended in a $15 million settlement, underscoring the legal and safety stakes of poorly protected retention ponds near family housing. - More information: Searcy Denney Scarola Barnhart & Shipley, Instagram, Facebook, YouTube, X