Lack of Sufficient Lifeguards on Duty Leads to the Drowning of a Three-Year-Old Boy

Will Parker
Attorney
(866) 735-1102 Ext 480
Posted by Will ParkerAugust 03, 2009 3:37 PM

The dog days of summer have most families yearning for a backyard pool or a great summer vacation by the water. Amusement parks and water parks are popular destinations for families that are seeking quality time with their loved ones. The parks are supposed to provide a safe atmosphere for all to enjoy. The most recent drowning at the largest indoor water park in the United States proves that not all precautions have been taken to ensure the safety of those within these parks.

A three-year-old Michigan boy, Hassan Itani, died at Kalahari Resorts in Sandusky, Ohio on Sunday afternoon. He was found face down in a children’s pool that was estimated to be between 3-4 feet deep. He was pronounced dead at a local hospital shortly after he was pulled from the water. The mother claimed that she lost sight of her son for only a few moments before he was found. She verified that he did not know how to swim.

Although lifeguards were on duty at the time of the accident, none could say that they knew the toddler was in any distress prior to his drowning. Unfortunately for Kalahari Resorts, a 173,000 square foot recreation facility, this is not its first reported problem. The resort faced disciplinary actions by the state at least five times since it opened in 2005.

As recent as last May the inspectors were told that the park had fewer lifeguards than what should be required. It was also reported that “many rides were operated in a careless and unsafe manner.” For the full story on the drowning at Kalahari, please click on the following link: http://www.nydailynews.com/news/us_world/2009/08/03/2009-08-03_boy_3_drowns_at_kalahari_resorts_water_park.html.

This is certainly not the first fatality of 2009 in water parks throughout the United States. One other publicized incident occurred at the Wet ‘N’ Wild Waterworld in Texas. A 14-year-old boy, Eric Saldana, was found dead at the bottom of a swimming pool. He was visiting the water park on a field trip, but did not know how to swim. The boy was unable to be revived at a local hospital.

Accidents occurring at amusement parks are fairly common. Many of the injuries sustained are serious, if not fatal. For a detailed list of past accidents, as well as an accruing list of accidents in 2009, consult http://www.rideaccidents.com/ or

http://www.amusementsafety.org/.

It is easy to see that the two similarities in both of these tragedies are the lack of swimming knowledge and the understaffing at water parks. Parents should take the time to teach their children the basics of swimming at a very young age. A few hours of water instruction every week could end up saving lives down the road.

Furthermore, states need to ensure that amusement parks and water parks are complying with their recommendations. It’s pointless for safety inspections to be performed if the inspectors do not return to make certain that the appropriate changes have been made. A fine or a list of repairs is not sufficient. Amusement parks have a duty to their customers to make every attempt to prevent a tragedy from occurring. A young boy may be alive today had Kalahari Resorts complied with inspectors in the past.

7 Comments

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Tess
Posted by Tess
August 04, 2009 12:20 PM

A parent of a three year old should not be observing a child from a lounge chair....it is hard enough to keep up with a toddler when you are right beside him.

Tess
Posted by Tess
August 04, 2009 12:20 PM

A parent of a three year old should not be observing a child from a lounge chair....it is hard enough to keep up with a toddler when you are right beside him.

Tess
Posted by Tess
August 04, 2009 12:20 PM

A parent of a three year old should not be observing a child from a lounge chair....it is hard enough to keep up with a toddler when you are right beside him.

Jim
Posted by Jim
August 04, 2009 12:38 PM

Leave it to an attorney to find fault primarily with those who have deep pockets instead of where it probably properly belongs: on the parents who let their child roam away to wonder into a deep swimming pool. But there's no money to be made in blaming them... not that I would want to do that anyway as they are likely going through a living hell right about now.

The bottom line is that accidents happen. If this mother was watching her own child like a hawk and still lost track of him and he ended up drowning in mere moments, how exactly would an extra lifeguard (or two, or three, or even a dozen) have made a difference? Can an extra lifeguard responsible for looking after 50 kids notice anything better or different than a mother looking after her own kid?

John
Posted by John
August 04, 2009 6:38 PM

It's hard to believe that nobody noticed this boy until it was too late. This water park is very popular and had to have been busy. My guess is that he didn't die from drowning.
Also, if the mother is telling the truth about losing track of her child for just a moment, I can easily see that happening. What parent hasn't? I've been to a number of water parks and have lost track of my kids from time to time. On the other hand, they have been taught how to swim at an early age.

Will ParkerInjuryBoard Attorney Member
Posted by Will Parker
August 07, 2009 12:40 PM

Jim,

I didn't necessarily intend to state the water park was primarily responsible. Who was at fault is a question for a jury. All states have some form of negligence law that would reduce any recovery by the parents by the percentage they were at fault, and in some cases, these laws may prohibit recovery by the parents. At any rate, the facility allegedly knew it failed to employ a sufficient number of lifeguards and had faced five counts of disciplinary action by the state. To me, it sounds as if they were on notice that they needed to add staff and/or implement different policies, etc... To the extent this is true, I do believe the water park to be responsible. Generally, public facilities have a duty to warn customers of dangerous conditions and, of course, a duty not to create a dangerous condition. Considering the five disciplinary charges, including findings that the facility was inadequately staffed and that some rides were operated in a dangerous and unsafe manner, they may very well be at fault to soem degree. That's why they have insurance. No matter what, I wish the family the best as they deal with the death of such a young child.

Jeanie Neal
Posted by Jeanie Neal
August 11, 2009 2:25 PM

My sympathies, thoughts, and prayers go out to the family in this story. It's very sad.

Non-swimmers have no place at water parks or pool parties. Neither venue is safe for them. Both provide too many distractions for parent and child. Learn to swim in a smaller pool with fewer swimmers and distractions and then move to the water park.

Water parks market themselves to young children and commerical facilities allow three-year old non-swimmers to host birthday parties in their facilities. In my opinion both things are misguided and in the later case, indefensible.

Water parks and pool parties are great... for skilled swimmers. Learn to swim first.

And when you go swimming with a non-swimmer, touch-supervision is required. Each non-swimmer requires their own adult within arm's length at all time - in the water.

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