The Tragic Drowning of Noah Rodriguez

The Tragic Drowning of Noah Rodriguez

Posted by Jesse Guerra on June 19, 2015

It is difficult to imagine something more devastating than a family vacation - a time to spend quality time with your family - ending in the death of a child. Unfortunately, the parents of Noah Rodriguez experienced that horrific reality when their nine-year-old son drowned in a swimming pool in Myrtle Beach, according to the Atlanta Journal Constitution.

Noah had been swimming at the Sea Mist Resort in Myrtle Beach, South Carolina on Friday, June 12, when he was pulled from the water and taken to a local hospital. The entrance to the Sea Mist Resort features a sign that identifies the resort as having the largest on-site water park in the area. The resort’s website lists a variety of water attractions as a perk of staying at the resort as a guest.

This case is not in isolation. According to the Centers for Disease Control and Prevention (CDC), from 2005 through 2009 there were an average of over 3,500 fatal unintentional drownings each year. Each year, 20% of those who die from drowning are age 14 or younger.

Generally, when someone is injured or killed at an attraction such as a swimming pool or waterpark, the policies, procedures, and safety protocols in place at the attraction are scrutinized. When operating a water park or attraction and when identifying the attraction as the largest on-site water park as a “draw” for families, there is an obligation to take reasonable steps to assure patron safety. Resorts or attractions that are geared towards children and families should have a variety of measures in place, including well-trained lifeguards.

Merely having lifeguards on site is not sufficient to ensure patron safety. Lifeguards need to pay attention, understand and identify the signs of drowning or distress, and adhere to national lifeguard standards. According to a 2011 report released by the United States Lifeguard Standards Coalition, not only should lifeguards be vigilant, but supervision should be in place to ensure that lifeguards are able to maintain vigilance and be ready to detect and respond to swimmers’ distress. The report also recommends that supervisors provide training for lifeguards on scanning to identify swimmers in distress or in need of assistance.

Water parks, public pools, and attractions should have well-trained, properly supervised lifeguards on site. They should have layers of policies and procedures in place to ensure swimmer safety, particularly if they advertise that the attraction is family- and child-friendly and therefore know that many of their swimmers are children. In the case of Noah Rodriguez, had there been the appropriate safety procedures in place, and had there been competent, vigilant, and attentive lifeguards, this tragic drowning could have been prevented and Noah would still be with his family today.

When a tragedy strikes, and someone else’s negligence contributes to that injury, it can be difficult to know where to turn. If you or a loved one has experienced a swimming pool accident, contact the J. Guerra Law Firm for a consultation today. We will help you navigate the court system, understand your options, and get the justice that you deserve.