Retention Pond Drowning Lawsuit [2025 Update]

How Do Negligent Retention Pond Drowning Accidents Occur?

Negligent retention pond drowning accidents often occur when safety measures are ignored or entirely absent.

These man-made ponds are typically designed to manage stormwater runoff and prevent flooding, frequently located near housing developments, schools, parks, and commercial areas.

Though they may resemble calm, shallow lakes, retention ponds are engineered to hold large volumes of water and often have steep, slippery banks and hidden drop-offs.

The water is usually murky, making it difficult to see the depth or spot a person who has fallen in.

Children are the most common victims of these accidents due to their natural curiosity and inability to recognize the dangers.

However, incidents involving adults and elderly individuals have also been reported, especially when safe access points, railings, or warning signs are missing.

Accidents often happen quickly and silently—without proper fencing or protective barriers to prevent access, a person can fall in and be swept toward dangerous drains or submerged structures.

These tragedies are often preventable when property owners and managers take the necessary steps to reduce hazards.

Common causes of negligent retention pond drowning accidents include:

• Lack of fencing or physical barriers around the pond
• Steep or slippery slopes with no guardrails
• Absence of warning signs about water depth or danger
• Poor lighting or visibility in areas surrounding the pond
• Uncovered or unsafe drains and stormwater infrastructure
• Lack of regular maintenance or inspections
• Inadequate supervision in areas near playgrounds or walking trails
• Failure to comply with local safety codes or regulations

Risks Posed by Retention Ponds

Beyond the absence of fencing or signage, retention ponds carry inherent risks that make them especially dangerous to children, vulnerable individuals, and even unsuspecting adults.

While their primary purpose is stormwater management, these ponds are often mistaken for recreational lakes or decorative features—an error that can have deadly consequences.

Many contain steep underwater drop-offs, murky or contaminated water, and submerged vegetation, all of which increase the risk of drowning and hinder rescue efforts.

Children with autism are particularly at risk due to a documented attraction to water, and teenagers may also be drawn to these sites, unaware of the dangers beneath the surface.

In several documented incidents, victims entered the water assuming it was shallow or safe, only to be pulled under due to sudden depth changes or hidden infrastructure.

Some communities even promote these ponds as amenities, further contributing to a false sense of safety.

Experts recommend several precautions—such as fencing, slope regulations (e.g., a 4:1 gradient), and hazard removal—to reduce the threat.

However, many of these safety measures are overlooked or unenforced due to the lack of national standards.

Without proper intervention, retention ponds remain a silent and deadly hazard hidden in plain sight.

The Legal Basis for a Retention Pond Drowning Lawsuit Explained

A retention pond drowning lawsuit is typically based on the legal theory of premises liability, which holds property owners responsible for maintaining safe conditions on their land.

When a drowning occurs, the key question is whether the property owner or manager knew—or should have known—about the hazard and failed to take reasonable steps to prevent harm.

This includes installing fencing, posting warning signs, and regularly inspecting the area for risks.

Retention ponds are particularly dangerous because they often appear calm and harmless, giving children and others a false sense of safety.

Lawsuits may also involve negligence claims, where plaintiffs must show that a duty of care was breached and that breach directly caused the drowning.

The law does not require perfection, but it does require property owners—especially in populated areas—to anticipate foreseeable dangers and act accordingly.

Examples of legal failures that may support a lawsuit include:

• No fencing around a retention pond in a residential or public area
• Lack of visible or readable warning signs
• Unsafe or slippery slopes leading directly into the water
• Poor lighting or visibility around the pond
• Failure to respond to previous complaints or known safety issues

These conditions, when present, may constitute a breach of duty, especially if the property is located in an area where children or pedestrians frequently pass through.

Each case must be evaluated based on the facts, including who owned the property, what safety measures were (or were not) in place, and whether similar incidents had occurred in the past.

By analyzing these elements, attorneys can determine if legal action is appropriate and help families pursue justice.

Drowning in Retention Ponds is Tragically Common Across the United States

Retention ponds are scattered throughout neighborhoods, apartment complexes, schools, and commercial areas across the United States.

Though built to manage stormwater runoff, these ponds often resemble peaceful lakes—appearing safe while concealing steep drop-offs, slick banks, and submerged drains.

Tragically, these conditions have led to preventable drownings in states across the country.

Children are the most frequent victims, but incidents involving adults and elderly individuals reveal a wider, alarming pattern.

In case after case, property owners, housing developers, and municipalities have failed to secure these ponds or warn the public of the danger.

Over the past several years, a growing list of lawsuits have been filed —each tied to a devastating loss and an alleged failure to implement basic safety measures:

• Wisconsin (2024): Two young brothers drowned in a Sun Prairie retention pond near a housing development. Their parents sued the city, citing steep slopes, a lack of fencing, and no visible warning signs.
• Florida (2024): A 2-year-old boy drowned behind an apartment complex in Jacksonville. The family filed a $50,000 negligence lawsuit against the property owners, citing unsafe conditions.
• Florida (2024): A toddler drowned at a resort near a retention pond. A wrongful death lawsuit alleges the resort failed to restrict access to the water.
• Indiana (2023): St. Joseph County paid $5 million to settle a lawsuit after a car slid into a retention pond, killing two children. The area had no guardrails or barriers despite steep embankments.
• Indiana (2018): A 73-year-old woman drowned in a pond behind her Carmel housing complex. Her family’s lawsuit claims the area lacked proper maintenance and safeguards for elderly residents.
• Florida (2023): A 4-year-old boy drowned near an Airbnb in Orange Park. His family was awarded $13 million in a lawsuit alleging inadequate fencing and failure to warn guests about the retention pond.
• Florida (2023): A 6-year-old autistic girl was found dead in a retention pond behind her home in West Palm Beach after being reported missing.

These cases share troubling similarities: ponds with steep, unmarked slopes; missing or inadequate fencing; no visible warning signs; and a general lack of oversight by those responsible for the safety of the property.

From Florida to Wisconsin, families have turned to legal action to seek accountability and prevent similar tragedies from happening to others.

When properly maintained, retention ponds can safely serve their purpose.

But when left unsecured and untreated as the hazards they are, they become death traps—especially for children, the elderly, and others unable to escape once they fall in.

Do You Qualify for a Retention Pond Drowning Lawsuit?

Retention pond drowning lawsuits often hinge on whether the property owner or manager failed to meet their legal duty to keep the area reasonably safe.

Family members of drowning victims may qualify to file a claim if the pond was poorly maintained, lacked barriers, or gave a false sense of safety.

Many of these ponds are located in urban areas where children and pedestrians are frequently nearby, increasing the risk of accidental falls.

Despite this, there are often few codes or regulations in place requiring fencing, signage, or other safety features.

When a retention pond is left exposed with a high water level, slippery slopes, or unsafe drains, those responsible for the property may be liable for injuries or deaths that occur.

Victims’ families can pursue compensation for wrongful death, emotional suffering, and other losses if negligence can be proven.

A legal investigation may examine whether the owner ignored known hazards, violated safety standards, or failed to secure a pond in a heavily populated or residential area.

If your loved one drowned in a retention pond and you believe negligence may have played a role, you may qualify to file a lawsuit.

Who Can Be Held Accountable in a Retention Pond Drowning Case?

In a retention pond drowning case, liability often falls on the individuals or entities responsible for maintaining the property and addressing known hazards.

When a pond is located near a housing development, hotel, or commercial site, the absence of barriers, warning signs, or safety equipment may point to negligence.

Business owners, property managers, and property management companies all have a duty to protect the public from preventable dangers.

Potentially liable parties may include:

• Business owners who fail to inspect or secure nearby water hazards
• Property management companies overseeing unsafe retention ponds
• Individual property managers who ignore maintenance issues
• Housing development builders or owners who design unsafe layouts
• Hotels that fail to warn guests of nearby retention ponds without barriers or signage

Gathering Evidence for a Drowning Accident Lawsuit

Evidence is critical in a drowning accident lawsuit, especially when proving that a property owner or other party failed to maintain a safe environment.

Without documentation of hazards, witness accounts, or expert analysis, it becomes difficult to establish liability.

The stronger the evidence, the more effectively attorneys can build a case and seek compensation for the victim’s family.

Key evidence may include:

• Photos or videos of the retention pond, showing lack of fencing, signage, or safety features
• Surveillance footage from nearby businesses or properties
• Eyewitness statements from people who saw the incident or were familiar with the area
• Maintenance records or inspection logs from property managers or owners
• Police reports and emergency response records
• Expert testimony from safety engineers or drowning prevention specialists
• 911 call transcripts or audio
• Previous complaints or incident reports involving the same pond or property

Damages in Retention Pond Accident Cases

In retention pond accident cases, the damages awarded can help families recover both financially and emotionally from a devastating loss.

These cases often involve the death of a child or loved one, and the compensation sought reflects the deep personal and economic impact of the tragedy.

Legal claims may include a wide range of damages tied to the loss, from out-of-pocket costs to long-term emotional suffering.

Common damages may include:

• Funeral and burial expenses
• Medical bills related to emergency response or attempted rescue
• Loss of companionship or parental support
• Emotional distress and mental anguish experienced by family members
• Lost income or financial support if an adult victim contributed to household finances
• Pain and suffering experienced by the victim before death
• Costs for grief counseling or psychological treatment for surviving family members

TorHoerman Law: Retention Pond Drowning Lawyers

TorHoerman Law is committed to helping families who have experienced the unimaginable pain of losing a loved one to a retention pond drowning.

Our legal team understands the emotional weight of these cases and works tirelessly to hold negligent property owners, managers, and developers accountable.

We approach every case with compassion, professionalism, and the determination to uncover the truth and pursue justice.

If your family is facing the aftermath of a tragic drowning, we are here to provide support and legal guidance.

From investigating unsafe conditions to building a strong claim for compensation, we’re ready to stand by your side every step of the way.

Contact TorHoerman Law today for a free consultation.

We’ll review your case, explain your legal options, and help you take the next steps toward justice.

You can also use the chat feature on this page to find out if you qualify for a retention pond drowning lawsuit instantly.