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Never let your kids go to a pool or beach or river or lake or other water area unless they know how to swim or at least you are there to supervise. We had a pool for years and I NEVER let non swimmer kids come around the pool, even though I was always out there with them.
Yeah, I don't get it. We need more info on that part of the story. Was he the only one who went swimming? Or was he the only one left in the water, after the other kids got out? If so, why was he left there? Was no one watching the kids while they were swimming? Did no one check to make sure everyone was out? It wasn't a pool, it was a river, with currents and unpredictable conditions under the water--a steep drop-off in depth, maybe, or sharp objects in the sand. Any guardians should know a river is a risky enough situation that the kids need to be watched.
I don't understand how this could have happened, except through gross negligence.
'
Oh, and P.S. Belize has crocodiles. All the locals know that, including the staff at the resort the kids were staying at. There's really no way to fence off a section of river from wildlife. But I guess it wasn't the wildlife that got him, because his body was dredged up intact. Still, it could have happened.
Last edited by Ruth4Truth; 04-21-2017 at 06:57 PM..
I do understand her pain. What an awful loss. But kids who can't swim (if that's the case here) shouldn't be allowed in the water. And it's not up to the chaperones to know that if they aren't informed, IMHO.
This is a good point, and we don't know all the facts of the case, unfortunately. But the kid got out there, far from shore in deep water, somehow. Presumably he swam at least part of the way. Someone else suggested he may have got caught in a current that pulled him down, or maybe he got tired. I hope this story has a follow-up. It's frustrating with these tragedy stories, how they only give the brief outline of the story, and leave you hanging for the crucial details.
I've chaperoned trips and kids can run in all different directions and sometimes no matter HOW careful you are, someone breaks a leg. I'm happy to say I've never chaperoned an event where someone was seriously injured - but from what I can see in the very blurry short video, the chaperones were right there. It's not like they were 10 yards away drinking beer. Sometimes, accidents happen.
I wonder how well this boy could swim, and whether it was clear to the mother that there would be a river swimming component on the trip. My guess is, that will be brought up in court if that's the case - that she knew the kids would be swimming in a river during their stay.
I say this because I was a boy scout volunteer who was in charge of swim testing boys before boy scout camp. These two boys couldn't swim to save their lives - literally, if they fell off a fishing pier in a lake they couldn't swim the 5 feet to a pier pylon to hang on before rescue. Both boys moms wanted them to have "swimmer" status at camp so they wouldn't be humiliated having to wear a life jacket on the fishing pier which had no railing. I get that . . . but no. No, those boys would not be allowed near water over their heads without wearing a life jacket at all times.
I do understand her pain. What an awful loss. But kids who can't swim (if that's the case here) shouldn't be allowed in the water. And it's not up to the chaperones to know that if they aren't informed, IMHO.
apples to oranges
(last paragraph)......"But kids who can't swim "
If you had taken just 30 seconds to read the article you would have read............"Tomari continued to swim and then encountered difficulties"
I think the school should be held responsible. It's negligence, plain and simple. It's not frivolous at all - I don't understand this thinking at all. Obviously the chaperones weren't doing their job - I don't need to see the video to know that fact. If my kid was injured during chemistry class because the teacher wasn't supervising, I'd hold the school liable. If It may have been an accident - doesn't mean it wasn't a preventable accident. Same for this situation. It's foreseeable that kids would run off, kids would be near water, etc. The school chaperones - in loco parentis - should have been vigilent, should have been closely supervising, etc.
I don't know, probably for those few cases where sovereign immunity does not exist or is exempted as I mentioned.
Confused with your question - Are you disagreeing with the existence of the legal doctrine of government sovereign immunity? It's well documented.
Do you think a lawyer for the boys mother even would have been involved if you can't sue ?
"The school refused to comment due to an ongoing litigation "
NO WHERE did I read any body say..........." you can't sue a school You can't sue a school "
Her lawyer knows you can sue or he wouldn't be taking the case.
The school knows she can sue or they wouldn't have used the phrase "on going litigation"
I hope she sues everybody involved and that she gets a huge chunk $$$$$$$$$$$.
It will send a message to complacent, negligent chaperones !
So would the parents be found negligent if that were the case? Probably not
Right. If that's the argument, then you have to go all the way. No way that a parent would be found negligent in such a case. So why should the school when tasked with the responsibilities of "parenthood?"
Edit: I watched the video. The school may be, indeed, in deeper trouble than I thought. Still, there are multiple sides to every story.
Last edited by prospectheightsresident; 04-21-2017 at 07:12 PM..
You can't sue the government, that includes local bodies such as the school board.
Well you can but from a legal standpoint, she is not likely to win due to government immunity laws (otherwise everyone would be suing the government for everything all the time). She would have to prove gross negligence.
You'd have to look at the level established under state/local law. The state/locality may have lowered the threshold for certain kinds of lawsuit. Negligence may very well be enough. Still, even with that standard, I don't see how the school district is at fault. This was a terrible accident/tragedy.
I think it's negligence. Just like if a child were struggling in your backyard pool and no one was watching. There have to be safety precautions in place to protect those who are placed in your care. What the heck was going on with the chaperones?
But I certainly don't like how they handled this thing. Supposedly no one knew her son was missing until they had a head count much later on.
However, 14 months later the mom got a video camera which filmed her son's last moments as he struggled in the water and cried out for help. Chaperones were visible in the video. Now why didn't anyone assist him, and how does this translate to him being unaccounted for until a later headcount?
Thats very sad... They ignored Jason in the water and he died also,remember friday the 13th??
If he didn't know how to swim he should have stayed o shore. The school is not at fault.
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