A police report on the incident noted the 6-year-old boy was only in his swim trunks. According to Daytona Lagoon, the pool offers lifejackets free of charge and guests who are under 42-inches tall must wear one before entering into the pool. The police report did not note the young boy’s height. Lifeguards performed CPR on the child after he was found but he passed away during a ride to Halifax Hospital.
Wave Pools: Fun, But Risky
The Daytona Lagoon tragedy is not the only incident where someone has fatally drowned in a wave pool in the United States. Earlier this summer:
- a 9-year-old boy was found unconscious in New Jersey’s Sahara Sam’s Oasis and was pronounced dead one hour later at the hospital
- a 19-year-old reportedly drowned in a 10-foot-deep pool at the base of Texas’s Splash Kingdom Family Waterpark’s volcano water slide. He was also pronounced dead at the hospital shortly after the incident
- a 13-year-old was found at the bottom of a pool in Louisiana’s Splash Kingdom Family Water Park and died later at the hospital where he was transported; and
- a 42-year-old was found unconscious in Texas’s BSR Cable Park’s wave pool and died two days later at a local hospital.
Across the country, waterparks have installed wave pools or wave tanks in their facilities to simulate oceanfront conditions through artificial waves for park visitors. A wave pool is a large swimming pool that uses a mechanical device, or alternatively introduces large volumes of water into the pool, to create artificial waves. The water is recycled through a system in the pool to produce the next set of waves. While the size of the waves depends upon the size of the pool and the amount of water simulated, some wave pools can create waves as high as six feet. By their nature and design, wave pools produce large amounts of moving water that can transport an adult hundreds of feet across the pool.
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Determining Fault
Generally, waterparks like Daytona Lagoon operate on a daily basis without any reports of serious accidents. Unfortunately, there is minimal oversight regarding the industry’s safety record, as accurate information regarding the number of serious injuries is difficult to obtain. That being said, a waterpark owner and/or operator is legally responsible for making sure visitors are not exposed to unnecessary hazards or dangers while visiting the facility. Waterparks must have trained and qualified lifeguards, equipment operators, and other safety personnel in place. It is common, however, for waterparks to employ seasonal workers drawn from local high schools and community colleges. Accordingly, these workers may not be properly trained on safety, including administration of life-saving techniques such as CPR or other first aid. Under Florida law, when an accident or death occurs at a water park like Daytona Lagoon and negligence on the part of the owner, operator, or its employees was the cause, it can be held legally and financially responsible.
By their nature and design, wave pools produce large amounts of moving water that can transport an adult hundreds of feet across the pool.
Florida Personal Injury Attorneys
If you or someone you care about has been hurt in Florida contact the experienced personal injury attorneys at Bogin, Munns & Munns. Contact us today to schedule your free personal injury consultation.
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NOTICE: The article above is not intended to serve as legal advice, and you should not rely on it as such. It is offered only as general information. You should consult with a duly licensed attorney regarding your Florida legal matter, as every situation is unique. Please know that merely reading this article, subscribing to this blog, or otherwise contacting Bogin, Munns & Munns does not establish an attorney-client relationship with our firm. Should you seek legal representation from Bogin, Munns & Munns, any such representation must first be agreed to by the firm and confirmed in a written agreement.
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