Young boy drowned at Sheraton Vistana Resort

[easyrider]

A three year old child that has autism and someone let that child unattended at a resort. That is an amazing story.

How many Tugger parents would let their three years child old unattended ?

Kids do what kids do and they do it fast. I know from experience.

Bill

 

[daviator]

Kids do what kids do and they do it fast. I know from experience.

Bill

Absolutely true, but it remains the parents' responsibility to protect their kids from themselves, as difficult a job as that is.

It is not reasonable to expect that a big beach resort is completely safe for a young child to run around by themselves. People always look to blame someone else when tragedy occurs, perhaps that’s human nature. But I hope this family does not prevail in their lawsuit, and it’s sad that they will probably get a settlement of some kind for a terrible tragedy that was in no way the fault of the resort.

 

[Jaitra]

Hi Tuggers

Friends of mine are currently staying at SVR and Thursday last week a young boy went missing.

Police including helicopters, dogs and volunteers searched for the boy but he was later found dead, drowned in a lake at the resort.

Is this something that has happened before at SVR? - according to my friends after the boy was found, if you didn’t know what had happened you wouldn’t know cause the employees at the resort didn’t show any signs or feelings about a child just drowning at their workplace.

Drowning of autistic toddler highlights deeper issue of recurring incidents in Florida | FOX 35 Orlando

A little boy, missing for hours, was found dead Thursday afternoon in a body of water at the Sheraton Vistana Resort.

www.fox35orlando.com

Generally speaking, staff would be restricted from speaking about this tragedy due to liability reasons.

 

[cubigbird]

Absolutely true, but it remains the parents' responsibility to protect their kids from themselves, as difficult a job as that is.

It is not reasonable to expect that a big beach resort is completely safe for a young child to run around by themselves. People always look to blame someone else when tragedy occurs, perhaps that’s human nature. But I hope this family does not prevail in their lawsuit, and it’s sad that they will probably get a settlement of some kind for a terrible tragedy that was in no way the fault of the resort.

Back to the timeshare maintenance impact, if this family does not prevail, (which they shouldn’t), who should bear the cost of defense? Who should bear the cost of liability insurance premium increases? Should this be an owner expense? Or should this be an expense / damages caused by the losing party? From an owner perspective, (which we are not at SVR), I would not want my maintenance fees increasing for something as frivolous as this.

 

[WorldT]

Back to the timeshare maintenance impact, if this family does not prevail, (which they shouldn’t), who should bear the cost of defense? Who should bear the cost of liability insurance premium increases? Should this be an owner expense? Or should this be an expense / damages caused by the losing party? From an owner perspective, (which we are not at SVR), I would not want my maintenance fees increasing for something as frivolous as this.

SVR can attempt to collect the cost of defense if they chose to. Whether the move in that direction is one thing. Even if they do, success is not guaranteed.
I will say this, based on the premise of this lawsuit, all beach resorts should have a fence along the beach. My subdivision should have fences around its multiple drainage lakes (the specific purpose is flood control but they make it look nice).
I turn on the alarm in my house even when I am awake not just to warn me of an intruder, but to warn me when my kid leaves the house.

 

[cubigbird]

SVR can attempt to collect the cost of defense if they chose to. Whether the move in that direction is one thing. Even if they do, success is not guaranteed.
I will say this, based on the premise of this lawsuit, all beach resorts should have a fence along the beach. My subdivision should have fences around its multiple drainage lakes (the specific purpose is flood control but they make it look nice).
I turn on the alarm in my house even when I am awake not just to warn me of an intruder, but to warn me when my kid leaves the house.

So resorts like Westin Lagunamar, Westin Cancun and Westin Maui should construct a massive fence? It's impossible to idiot-proof resorts.

 

[dioxide45]

Another news story about the lawsuit which seems to have more details than the previous one I posted;

Mom of 3-year-old boy sues resort after 'accidental drowning' in retention pond

The mom of a 3-year-old who drowned in a retention pond at a Florida resort has filed a lawsuit blaming the hotel, saying it "carelessly and negligently" failed to protect kids from drowning.

lawandcrime.com

 

[dioxide45]

So resorts like Westin Lagunamar, Westin Cancun and Westin Maui should construct a massive fence? It's impossible to idiot-proof resorts.

I don't think that is what they were saying. Based on the premise of the suit, that is what should happen. But does the suit have merit in that regard?

 

[pedro47]

One question how many toddlers have drowned at this resort in the past ten (10) years?

 

[vacation911]

This is a sad terrible story. I don't really get the "what did the parents do wrong"?..., or the what did the resort do wrong?...I mean what a tragedy. I doubt anyone intended to let the child drown. Stuff happens and no one should be judging anyone here. Its a horrible sad story.

 

[wmgjr]

After the 2nd article .. This never should've made it to a lawsuit. Should've been settled already. Same mistake Diddy made...lol

 

[Cyberc]

As a European could someone explain what this in layman’s term means:

The Jacksonville mother is seeking damages in excess of $50,000 for “past and future mental pain and suffering,” the past and future loss of Rakim Akbari’s “support and services” from the date of his death to his “statutory survivors,” expenses of funeral arrangements, loss of the decedent’s “prospective net accumulations” and loss of inheritable estate.

I understand that they want compensation for pain and suffering plus the funeral expenses paid. The other parts I don’t understand.

TIA.

 

[VacationForever]

As a European could someone explain what this in layman’s term means:

The Jacksonville mother is seeking damages in excess of $50,000 for “past and future mental pain and suffering,” the past and future loss of Rakim Akbari’s “support and services” from the date of his death to his “statutory survivors,” expenses of funeral arrangements, loss of the decedent’s “prospective net accumulations” and loss of inheritable estate.

I understand that they want compensation for pain and suffering plus the funeral expenses paid. The other parts I don’t understand.

TIA.

I read it to mean that it is more than $50K, which can be $50M or any other large arbitrary number.

 

[dioxide45]

As a European could someone explain what this in layman’s term means:

The Jacksonville mother is seeking damages in excess of $50,000 for “past and future mental pain and suffering,” the past and future loss of Rakim Akbari’s “support and services” from the date of his death to his “statutory survivors,” expenses of funeral arrangements, loss of the decedent’s “prospective net accumulations” and loss of inheritable estate.

I understand that they want compensation for pain and suffering plus the funeral expenses paid. The other parts I don’t understand.

TIA.

They are wanting compensation from what they could have earned in their lifetime. I think that is a stretch though. In most cases if someone is old enough, working and supporting a family a lawsuit may seek damages for what that person would have earned to support the family. I am not sure this would be the case for a three year old.

 

[Cyberc]

I read it to mean that it is more than $50K, which can be $50M or any other large arbitrary number.

If the court are siding with them are they just gonna roll a 100 sided dice and whatever it is will be the number?

I mean asking for a sum without putting an actual number to it sounds like they are hoping for best but could end up with very little.

 

[WorldT]

After the 2nd article .. This never should've made it to a lawsuit. Should've been settled already. Same mistake Diddy made...lol

The 2nd article doesn't contain any information to make that conclusion. Those are allegations that must be stated if the lawsuit is to withstand immediate dismissal. A person can die of a heart attack on a resort, doesn't mean the resort should be sued. You have to state why the resort is responsible for the death. But they are just that, allegations. Marriott will now have to review that and see if they can defend against it. They might also prefer not to take the chance given that it is easy for a jury to feel sad for a dead 3 year old and find Marriott negligent. I mean, I feel sad just reading the story without even seeing a picture or the parent crying in court.

 

[wmgjr]

They might also prefer not to take the chance given that it is easy for a jury to feel sad for a dead 3 year old and find Marriott negligent. I mean, I feel sad just reading the story without even seeing a picture or the parent crying in court.

Exactly my point