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Gym sues mother of drowned boy
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 2010-04-12 3:00 PM |
Expert  617  |  Subject: Gym sues mother of drowned boyAlright so this is pretty crazy. http://www.statesman.com/news/local/fitness-company-sues-mother-of-drowned-boy-552390.html?cxntlid=cmg_cntnt_rss Here is a quick summary: A women (not a member of the gym) picked up her son from a day camp and went to the pool with her son and some friends, her son drowned, and she is in the process of suing the gym. The gym responds by suing her and her friends as she was not supposed to be in the pool in the first place. I can't imagine this ending well but I guess maybe the approach is "the best defense is a good offense"? |
| 2010-04-12 3:07 PM in reply to: #2786136 |
Champion 14571    the alamo city, Texas | Subject: RE: Gym sues mother of drowned boy I think the lawsuit against the mother is RIDICULOUS, but kind of agree with a lot of the comments that the mom wasn't watching her son at all and should have no right to sue the gym either. |
| 2010-04-12 3:10 PM in reply to: #2786136 |
Expert 1087 Portland | Subject: RE: Gym sues mother of drowned boy This is a terrible case to say the least... It is all going to boil down to a "he said, she said".... She didn't sign in properly at the door (fault of the front desk clerks) she wasn't a member (fault of hers) I feel, as a parent, you should be watching your children (her fault) the lifegaurds were prabably high-schoolers screwing around (Life-times fault) This is a tough one... I hate when it comes down to a money game like this. I can't imagine losing a 4 year-old son like that |
| 2010-04-12 3:22 PM in reply to: #2786136 |
Supersonicus Idioticus 2439 Thunder Bay, ON | Subject: RE: Gym sues mother of drowned boy I love Canadian Law!!!! Law experts can trump my opinion, but I think the canadian courts would decide something like this: The gym had a duty to do everything reasonably possible to protect the lives of its patrons. The mother's presence, regardless of legitimacy, did not impede the gym's ability to do so. Counter claim denied. |
| 2010-04-12 3:27 PM in reply to: #2786165 |
Veteran 698 | Subject: RE: Gym sues mother of drowned boy meherczeg - 2010-04-12 1:07 PM I think the lawsuit against the mother is RIDICULOUS, but kind of agree with a lot of the comments that the mom wasn't watching her son at all and should have no right to sue the gym either. X2 I have three kids, 7, 5 & 5, and we go to the pool a lot. And until they pass all ten levels of the swim courses, they are going to be within arm reach, or in a chair outside the pool (and even their I will be keeping an eye on them). In addition, the pool has GREAT paranoid lifeguards, who will be on you in a flash is they see that a child is more then 2 feet away. And the kids do their swim lessons, whether they want to or not. We consider this a safety issue, with no compromise available. My life's ambition is to be able to say, when the kids leave the home on their own, "how I worried needlessly". |
| 2010-04-12 3:28 PM in reply to: #2786136 |
Expert 617 | Subject: RE: Gym sues mother of drowned boy I have a 4 yr old son myself so the thought is terrifying. I'm actually a member of LTF (in a different state) and she did "cheat" the system by signing in to pick up her son and then using the facilities instead and she couldn't have been watching her son given the outcome. My son has been in swimming lessons for quite a while and he would never be outside of my reach. Actually, I saw something scary at his swim lessons last week, they got to go down the big waterslide at the end of class (which is a scary thought to begin with) and these kids really can't swim yet so they have the LG at the top of the slide and one at the bottom to "catch" them and help them to the ladder. A little boy ignored the LG at the top and took off down the slide a couple of seconds after another boy went down so when the LG at the botton was trying to get the first boy to the ladder (and his back was to the slide), the other boy went into the water and was not able to keep his head above the water. We all saw it and another LG jumped in before the one in the water could figure out what was going on.....but still scary to watch. I don't think she should get any money, and I believe that their plan wasn't to actually get any money from the mother but to either get her to drop her lawsuit or lessen the amount she receives in damages but I think this plan will backfire, bigtime. I just can't imagine how this is good PR. |
| 2010-04-12 3:33 PM in reply to: #2786178 |
Champion 8540 the colony texas | Subject: RE: Gym sues mother of drowned boy what confuses me is it reads that the child was having problems, thrashing in the water, etc. who saw that happening but did nothing about it?? I'm amazed that none of the other people in the pool noticed the child having problems, to go along with the mother, friends of the mother, or the lifeguards.. No one?? I'm thinking there might be more that isnt' being reported in this story. |
| 2010-04-12 3:46 PM in reply to: #2786136 |
Champion 5376 PA | Subject: RE: Gym sues mother of drowned boy hmmm, after reading the article I'm not sure my initial reaction is fair. They had a kiddie pool with a lifeguard who didn't notice the boy???? That's a big problem for the gym IMO. Edited by Pector55 2010-04-12 3:51 PM |
| 2010-04-12 4:03 PM in reply to: #2786136 |
Pro 4277 Parker, CO | Subject: RE: Gym sues mother of drowned boy sad story. I belong to a LTF and have brought in guests often. Sometimes with kids to use the pool. Not once have they been "required" for a tour of the facility. So I question that part of their defense. But really, I blame the mother more than the lifeguards for not noticing her 4-year drowning in the pool. |
| 2010-04-12 4:27 PM in reply to: #2786244 |
Master 2327 North Alabama | Subject: RE: Gym sues mother of drowned boy Gaarryy - 2010-04-12 3:33 PM what confuses me is it reads that the child was having problems, thrashing in the water, etc. who saw that happening but did nothing about it?? I'm amazed that none of the other people in the pool noticed the child having problems, to go along with the mother, friends of the mother, or the lifeguards.. No one?? I'm thinking there might be more that isnt' being reported in this story. agreed. I've worked as a lifeguard at a Boy Scout Camp (read: lake) for many years, and then at local YMCAs as lifeguards, and even as a lifeguard at a college pool. Honestly, it's a little hard to not notice someone flailing around/thrashing/and making a scene than you'd think. Unless of course, the pool is maxed out over it's operating capacity, which is determined partly by the guards. And my question is where was the mother? Do most mom's just dump their 4yr old kids and leave? |
| 2010-04-12 4:34 PM in reply to: #2786136 |
| Master 1963 | Subject: RE: Gym sues mother of drowned boy This is a really sad story.That much I think anyone could agree on. Flame away if you want but I'm with the gym on this one. Gyms are private property just like homes are. No one likes those stupid stories where burglars try and break into a home, injure themselves in the process, and then sure the homeowners (AND WIN). Had the proper procedure of signing in been followed I'm sure they would have been required to sign a liability waiver as that's standard operating procedure at every gym I've ever been to. Now, one can always decline to sign the waiver and not use the gym (that's always a choice) but when you sign it you agree. Even when I swim at a pool with lifeguards, I'm not under the illusion that there is no risk. For those who side against the gym, I wonder how one arrives at 25 million dollars (that's the amount that the parents are suing the gym for). edited to add: I see NO basis for suing the two other parents who were members. I don't understand the logic of bringing them into the fray. They were on the property with permission and whatever agreement they signed should be honored. Edited by merlin2375 2010-04-12 4:41 PM |
| 2010-04-12 4:40 PM in reply to: #2786136 |
| Regular 283 | Subject: RE: Gym sues mother of drowned boy What kind of mother would not be their by their kids side? I take my daughter to LTF and I am in the water with her. On swim days I end up with 4 hours in the water, 2 1/2 of them in water making sure she is safe. Look at the decisions made. Some HS kid making minimum wage is a LG, and you want to put your child's life in their hands? That's nuts. The parents failed in many ways. They snuck in, they stole a service. Mom and Dad failed their child, period. The law may decide in favor for the family, but the judge in their mirror says guilty. Crap, what a horrible thing. |
| 2010-04-12 6:22 PM in reply to: #2786136 |
Extreme Veteran 494 DC Metro area | Subject: RE: Gym sues mother of drowned boy Considering I moonlight as a lifegaurd for lifetime fitness in MD I'm going to stay out of this outside of saying I don't think there should be a lawsuit for either party. |
| 2010-04-12 6:23 PM in reply to: #2786402 |
Extreme Veteran 494 DC Metro area | Subject: RE: Gym sues mother of drowned boy Swanny - 2010-04-12 5:40 PM What kind of mother would not be their by their kids side? I take my daughter to LTF and I am in the water with her. Happens every day, multiple times per day.Crap, what a horrible thing. |
| 2010-04-12 6:48 PM in reply to: #2786402 |
Elite 4547 | Subject: RE: Gym sues mother of drowned boy Swanny - 2010-04-12 5:40 PM What kind of mother would not be their by their kids side? I take my daughter to LTF and I am in the water with her. On swim days I end up with 4 hours in the water, 2 1/2 of them in water making sure she is safe. Look at the decisions made. Some HS kid making minimum wage is a LG, and you want to put your child's life in their hands? That's nuts. The parents failed in many ways. They snuck in, they stole a service. Mom and Dad failed their child, period. The law may decide in favor for the family, but the judge in their mirror says guilty. Crap, what a horrible thing. I totally agree with you Swanny. |
| 2010-04-12 7:23 PM in reply to: #2786136 |
| Regular 283 | Subject: RE: Gym sues mother of drowned boy I was fortunate to pull a guy out of the deep end. I had ruptured an ear so was not swimming. I was poolside running a swim class when something felt wrong, pulled off my sweatshirt and dove in . The soldier was fetal at the bottom, I got him to the top and a buddy (who swam the fast 20 yards of his life) grabbed his feet. We pulled him to the side and the rest of the team pulled him out. He started breathing on the deck. Nate and I did not stop shaking for a good 20 minutes. I met his wife later that afternoon at the hospital. One of the best feelings I have ever had. Had we failed, I would still know what it was like to fail and have someone die right there. The guy we saved was an adult and made a bad decisions. Children can only make bad decisions and by definition, their guardian is responsible. Everyone lost and will lose again. |
 2010-04-13 8:23 AM in reply to: #2786136 |
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| 2010-04-13 10:23 AM in reply to: #2786136 |
| Master 2477 Oceanside, California | Subject: RE: Gym sues mother of drowned boy These days, failure to aggressively go on the offensive is often used as evidence of wrong-doing on the institutions part... Did I mention that I am in hearing all week, and that every break that teachers tried to give a kid is being used against us? If I got in a car accident, I would automatically sue the other drivers. Not because I want to go after them, but because this is CA and I do not want to be on the defensive... my wife made that mistake once. I don't like feeding into this mentality, but I will be damned if I allow myself to be screwed. Just because I am paranoid, does not mean they are not out to get me. |
| 2010-04-13 2:37 PM in reply to: #2788080 |
| Veteran 698 | Subject: RE: Gym sues mother of drowned boy eabeam - 2010-04-13 8:23 AM These days, failure to aggressively go on the offensive is often used as evidence of wrong-doing on the institutions part... Did I mention that I am in hearing all week, and that every break that teachers tried to give a kid is being used against us? If I got in a car accident, I would automatically sue the other drivers. Not because I want to go after them, but because this is CA and I do not want to be on the defensive... my wife made that mistake once. I don't like feeding into this mentality, but I will be damned if I allow myself to be screwed. Just because I am paranoid, does not mean they are not out to get me. Sad, but true. And it works. I was in a car accident, and received a letter that I am being sued. We took a photo of the stop sign that the other car ignored, told them that we are suing them, and never heard from them again. As for the lifeguards being responsible, they are responsible for the entire pool. I find it hard to believe that the kid was drowning and floating for 10 minutes without anyone noticing. It had to be a few minutes at most, and the life guards could very well have been taking care of some other emergency, or dealing with rowdy kids. We don't know. But we damn well know that the mother should have been on "duty" for every second, watching her child. I don't think that the gym has much of a case, but I would also toss out what I see as the mothers attempt at squeezing money out of her son's death. |
| 2010-04-13 8:00 PM in reply to: #2786136 |
| Extreme Veteran 354 Townsville | Subject: RE: Gym sues mother of drowned boy As a newly trained life guard I have two opinions . 1- morally the mother is responsable - not up for debate! 2- legally I think the gym is responsable as the front desk, pool atendants and lifeguards SHOULD have been 'more' aware and more thourough in their supervison. In the end it is the responsability of staff and management to ensure that people are safe. Unless their is gross negligence on behalf of the patron then I think the responsability lays with the Gym. But this is from the opinion of Australian law not Canadian law. |
| 2010-04-15 1:33 PM in reply to: #2786136 |
| Champion 4942 Richmond, VA | Subject: RE: Gym sues mother of drowned boy aside from the drowned child, if you are a member of LFT - this is in-part the reason why you may be paying more each month for your membership - insurance to cover costs like this. i didn't read the article and don't know any legal facts, but there is also the possibility that there is a co-fault situation going on in this jurisdiction, where the damages for the gym may be reduced by the percentage of fault from the mother for sneaking in and not watching her child. so while a little tough the stomach, it does make sense from a legal perspective to counter-sue - especially if the mother is seeking $25 Million. |
| 2010-04-15 2:12 PM in reply to: #2786136 |
| Expert 1557 Austin, TX | Subject: RE: Gym sues mother of drowned boy Merlin I agree with you. First off, completely tragic and sad. The child is the loser in all this. Mom, according to other local reports was off chatting it up with her friends and left her child to be solely watched by the lifeguard. Also according to other reports, the lifeguards discovered the child floating and immediately got him out and performed CPR. The mother did not come along until CPR was already started. No one seems to know where the thrashing report came from (as mom definitely did not see it). The pool at LTF is a big pool and can be very full and tough to watch. I have lifeguarded before and you get groups of kids playing together and you can't always see everything. And LTF has free life jackets/flotation devices for kids. Mom and the kid should not have been in there to begin with (hence the trespassing), therefore anything they do inside that facility is not the facility's fault. Mom should not be suing LTF, therefore I applaud the fact that they are counter-suing. It's nice to see a business finally stand up and say we are not paying. They are suing to have all court costs covered by the mom (not for $25 million the mom is asking for), which she should be responsible for paying for bringing this frivolous lawsuit. Mom should accept the fact that she made a terrible, tragic mistake and that she should be seeking comfort in her family, faith, god, etc. May God be with the family. |
| 2010-04-15 4:22 PM in reply to: #2786373 |
| Extreme Veteran 605 | Subject: RE: Gym sues mother of drowned boy LostSheep - 2010-04-12 4:27 PM And my question is where was the mother? Do most mom's just dump their 4yr old kids and leave? Having been a Life Guard at pools and lakes the answer to this question is you bet. LG at a pool is the cheapest daycare there is. Not to say there aren't responsible parents, because there are many of them. But there are irresponsible parents who send the 4 year old off with the 6 and 8 year old to spend the day at the beach or pool. Sometimes it’s not that the parents drop them off either, it's that the parents are around, just up at a picnic shelter, off on a boat, out on a tread mill, in a spin class or whatever. In this case the parent might as well not be there. So, unless as a parent you’re within arms reach and in a swim suit, IMHO you are a derelict parent waiting for something to go wrong. When will these people learn that life guards are a secondary set of eyes, not the primary set. If your kid needs saving then as a parent it’s your job, besides why would you leave your kids life to someone who is responsible for 10’s to possibly 100’s of people. Sadly, the people reading this are not the ones who need the message. So I’m sorry for ranting at you.
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| 2010-06-29 11:15 PM in reply to: #2786136 |
| 1 | Subject: RE: Gym sues mother of drowned boy Yes, the story from people who knew the mother is that she stopped to talk to a friend on the way to the pool while her child ran ahead. Later the boy drowned as he was not being watched. I haven't heard from any source that the child was flailing around. Instead every report has said the child was found face down in the water and was next to the edge of the pool where he could not be easily seen by the lifeguard. If you have a child under the age of 12 they need to be watched at all times by the PARENT. You cannot expect lifeguards to be able to watch all of the children in the pool every second, parents simply bring too many kids to Lifetime. Kids can also drown within seconds. Assuming the lifeguard was a "high school kid messing around" is a little biased. Nearly all of the lifeguards are attentive and none "mess around" at the South Austin LFT and we are in the pool with our kids 3-4x a week. Also people are known to sneak people their guests in, which is obviously what this family did. Every member has been told and knows that you HAVE TO CHECK IN YOUR GUESTS, which they failed to do. The reason why they do this is because you are limited to 2 guests per month. Someone deserves to be counter sued in my opinion when you sneak into a gym and then neglect to watch your child. I feel bad for them that they lost their child, but not when they sue LFT for a ridiculous amount. |
| 2010-06-30 9:24 AM in reply to: #2952243 |
| Extreme Veteran 362 | Subject: RE: Gym sues mother of drowned boy Somewhere in this thread, it stated the trial was scheduled for May. Anyone know if it took place and the outcome? |
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