Kalahari sued for drowning of 3-year-old in August

Posted Thursday, November 12, 2009 10:35 PM | Contributed by Juggalotus

A Dearborn family has filed a federal lawsuit accusing the Kalahari Resorts water park of negligence and poor planning in the Aug. 2 death of 3-year-old Hassan Itani. The family is seeking at least $75,000 for medical and funeral bills and for mental anguish over Hassan's death in their suit filed on Wednesday in U.S. District Court in Toledo. Kalahari officials have 20 days to respond.

Read more from The Detroit News.

Saturday, November 14, 2009 4:11 PM

Gah, it's those damn lawyers. They're snakes. They creep into your life when you're at your most vulnerable, convince you that the park is at fault for the death of your loved one and convince you to take them to court to collect damages.

Child dies in someone else's pool: lawsuit $$$$$$

Child dies in your own pool: oops.

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Saturday, November 14, 2009 6:24 PM
LostKause's avatar

But that someone else's pool is a business, with lifeguards who have supposedly been trained to keep an eye out for trouble. My own pool doesn't have any lifeguards. If the gate we just replaced this summer was knowingly broken, and a toddler fell into our pool, then, yes, we would be liable.

That's why we fixed the broken gate in the first place; to keep visiting toddlers out of the pool area, so they would be safe. Responsibility.


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Saturday, November 14, 2009 8:55 PM

Kause, was setting on a brick wall and the walkway was angled down. I ended up snapping my right ankle in 3 different places and I was still able to hobble around. When I was in the hospital, the doc said that I had broke my ankle in the same spot. I did remember that I had snapped it around 15 years prior but didn't even know it at that time.

In a water park, you have to assume some level of your own personal safety. You can't rely on the lifeguards 100% of the time to watch everyone. If they had a few lifeguards, it doesn't matter. The parents were at fault for not watching thier 3 year old to make sure of the kids safety.

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Saturday, November 14, 2009 11:50 PM
kpjb's avatar

Has anyone here heard of the color gray?


Hi

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Sunday, November 15, 2009 12:25 AM
LostKause's avatar

I agree with your second paragraph, Majorcut.

Ina water park, you have to assume some level of your own personalsafety. You can't rely on the lifeguards 100% of the time to watcheveryone. If they had a few lifeguards, it doesn't matter. The parentswere at fault for not watching their 3 year old to make sure of thekids safety.

...But, The waterpark has to assume some level of safety as well. Not only were the parent at partial fault, but the park was too, in my opinion.

...Which goes to support kpjb's comment.


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Sunday, November 15, 2009 1:39 AM

I agree with LK. Everybody involved bears some responsibility for this tragedy: the management for not scheduling enough lifeguards for too large a crowd, the lifeguards for failing at their jobs, and the parents for losing track of their child.


My author website: mgrantroberts.com

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Sunday, November 15, 2009 10:43 AM
WildStangAlex's avatar

ES put it very well. The parents have responsibility to watch their children, but after all is said and done, it is up to a facility management team to hire, schedule, train, staff and audit their lifeguard team. If the team is not performing to standards, it needs to be corrected BEFORE and incident like this occurs.


"We must let go of the life we have planned, so as to accept the one that is waiting for us."
-Joseph Campbell

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Sunday, November 15, 2009 11:21 AM
Jeff's avatar

kpjb said:
Has anyone here heard of the color gray?

In this world, apparently not. Everyone wants everything to be concrete, one or the other.

A kid died in a crowded pool. There's plenty of blame to go around, and I don't see why Kalahari shouldn't be required to pay up, especially since they have been fined before.


Jeff - Editor - CoasterBuzz.com - My Blog - Music: The Modern Gen-X - Video

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Sunday, November 15, 2009 11:47 AM

Thats why we have trials. To sort out and attach legal consequences to the gray. And more often than not (in large part because of the uncertainty of the process and the costs involved), parties reach their own resolution and settle without a trial.

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