4th Grader Dies At Canadian Water Park After Remaining On The Bottom For More Than An Hour Before Rescue - How Could This Possibly Occur? Water Park Accident Attorney Weighs In
A school trip to a water park by 9-year old Jeremy Molumba ended tragically after the young boy was swept toward the deep end by surging water in a wave pool. According to news sources, a classmate tried to grip his friends hand before a second wave pushed him below the water surface. According to sources, the 4th grader remained at the bottom of the pool for more than one hour before anyone came to his rescue.
As an experienced amusement park and water park accident attorney, the first thing that came to my mind was where were the lifeguards or other supervisors whose job it is to maintain safe watch over the guests of the park? The guests of the park are identified legally as business invitees and are owed the highest duty of care. Other issues should be explored such as: Was the water cloudy? Was the water so cloudy or dirty that they could not see the child laying on the bottom? Was the drainage and pump system working properly or was there too much force and suction which forced the young man under the water and to the bottom? Individuals in wave pools regularly sustain injuries ranging from lacerations, bruises, brain injuries, neck and back injuries, drownings, paraplegia, quadriplegia, and sometimes death. Many times they are the result of slippery surfaces, polluted water, and improper supervision. When water park employees, managers, or operators are negligent, it is all too easy for an otherwise innocent and unknowing individual to get in trouble and sustain a catastrophic injury by submersion or suffer death by drowning. Unfortunately many water parks are not currently regulated by the Consumer Product Safety Commission and many water park and amusement park owners vehemently oppose federal oversight of safety regulations and reporting that many legislators seek to give the CPSC authority over water park and federal theme parks. Many water parks are not in conformance with the Virginia Graeme Baker Pool and Spa Safety Act which requires installing drain covers that meet ANSA/ASNE A112.19.8-27 standards on every drains or grates. It also requires the installation of an automatic shut off system, drainage gravity system, and a safety vacuum system, suction limiting vent system, or drain disabler. Many times loud music in a pool area or in a wave pool area prevents lifeguards from hearing calls of distress and many times the bottom of the wave pool is slippery due to the presence of algae. Crowd control issues and the adequate amount and training of lifeguards and supervisors and maintenance staff is an essential element of safety. It has been noted that there has been a sharp increase of drownings among children up through the age of 12 and although amusement parks and water park attractions appear to be safe, when you combine negligent supervision, premise liability defects, as well as a potential for defective design and manufacturing defects, many accidents occur that could have easily been avoided.
If you or a loved one has sustained an injury in anamusement park or water park, or has suffered a drowning or water submersion injury, the experienced amusement park and water park lawyers of the www.beasleyreifflawgroup.com offer a free, no obligation confidential consultation. We have been stalwarts of consumer and amusement and water park safety for over half a century and our attorneys and our legal team has been awarded over $2 billion since 1958. Contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.