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blog home Wrongful Death Lawsuit Brought Against Daytona Beach Attraction After Fatal Drowning Accident

Lawsuit Brought Against Daytona Beach Attraction After Fatal Drowning Accident

By Orlando Personal Injury Attorney on February 14, 2021

A family who lost their 5-year-old child in an accidental death at a Daytona Beach tourist attraction has decided to sue the venue for a minimum of $60,000. According to reports from the Daytona Beach Fire Department, the fatal incident happened on Saturday, August 5th, in 2019.

At this time, the 5-year-old was with their family when they decided to visit the Daytona Lagoon for a swim in the area’s wave pool. According to the manager of the Daytona Lagoon, the business has strict rules around how tall people must be to use the pool with and without a life jacket. The manager indicated that the 5-year-old child did not meet the 48 inch height requirement to be in the pool without a life jacket, but that the family of the child nevertheless had not supplied the boy with the proper protective equipment.

It is not clear who first noticed that the child was unresponsive and in the water. A guest who was there at the time reports tapping the floating boy on the head, and that the boy failed to respond. Shortly after, a lifeguard and another guest attempted to revive the child. Emergency response crews were called to the area, and soon paramedics and EMTs with the Daytona Beach Fire Department were working to save the boy’s life.

The efforts of these emergency medical personnel proved not enough, however, and the child was declared dead while being transported from the theme park to the Halifax Health Medical Center.

Now, more than a year later, the family of the 5-year-old is attempting to sue the theme park on numerous accounts relating to the death of their child. According to court documents made public, the child’s family is saying that the park failed to monitor the number of people in the water at the time of the child’s death, leading the wave pool to become overcrowded. This, say the documents, made the pool particularly unsafe for a child.

It remains unclear at this time if the waves in the wave pool were running at the time when the child drowned.


James O. Cunningham

James O. CunninghamSince 1977, personal injury lawyer James Cunningham has provided effective legal advocacy to people who are injured through the negligent actions of another person or entity throughout the Central Florida area. He fights to obtain recoveries for his clients’ physical and emotional pain and suffering and pursues his clients’ personal injury cases with a commitment to excellence and impeccable preparation.

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