Family of 4-year-old boy nearly killed at Margaritaville at Lake Lanier Islands resolves case for over $16 million
Coverage also on WSB here or Yahoo news here.
Case Details
Young I.C. (initials used for the minor’s privacy) and his family were enjoying a fun day at the Margaritaville at Lake Lanier waterpark in June 2020 when tragedy struck. I.C. suffered a near-drowning event at Paradise Beach at the waterpark and sustained a severe hypoxic brain injury that left him unable to walk or talk for years. The doctors at Children’s Healthcare of Atlanta told I.C.’s family that he would never walk, talk, or live normally again.
During the first meeting with Ashley, I.C.’s family detailed how the waterpark had no lifeguards present at Paradise Beach and no available life jackets for patrons. The lifeguards who responded to I.C.’s near-drowning almost 10 minutes after it occurred did not know how to properly provide life-saving care and did not have the proper emergency equipment to help him. The waterpark also did not have paramedics anywhere on the property. I.C.’s family wanted to hire an attorney to help them investigate those failures, obtain compensation, and advocate for changing the operations at the waterpark so other families were protected.
How did Mitchell Law Help with this child injury case?
Ashley pursued the case for more than two years and helped the family get the support I.C. needed to improve his day-to-day life. She personally combed through over one million pieces of evidence and took depositions in multiple states to obtain the truth about the waterpark’s knowledge and operations. Ashley started with the deposition of the president of the company. She obtained key admissions from him that there had been “red flags” involving other deaths and injuries at Paradise Beach before I.C.’s injury. Ashley located ex-employees that proved the beach had previously been protected by lifeguards until the waterpark’s operator decided to remove them. She also obtained evidence proving the waterpark had been previously advised by aquatic experts to either 1) close the beach to patrons or 2) place lifeguards along the beach to protect families in the open water.
What Result Did Ashley Obtain For I.C.’s Family?
After relentlessly searching for the truth and becoming an expert at the applicable law, Ashley was ultimately able to obtain a consent judgment against the operators of Margaritaville at Lake Lanier for $16 million dollars. This amount was the full amount of insurance coverage available to compensate I.C. for his damages. In Georgia, a consent judgment is a legal agreement between parties in a lawsuit that is approved by the court, essentially settling the case without a full trial. It's a way to end litigation with a judgment that is enforceable, and it typically involves the defendant agreeing to pay a specific amount or fulfill certain actions. A consent judgment is one where the defendant agrees to have the judgment entered against it and to fulfill payments to the amount. It is usually very difficult for a plaintiff to have a defendant submit to a consent judgment.
Another result of the lawsuit was Margaritaville at Lake Lanier took steps to make the dangerous beach and open water area safer. Ashley and her clients had requested the waterpark simply conduct a safety assessment with a qualified aquatic safety expert to determine how to make the waterpark safe for customers. That way, families and patrons could enjoy the water, stay safe, and have effective help if an emergency arose. Margaritaville at Lake Lanier decided to close the beach area instead after pressure from their own insurance companies.
After securing the $16 judgment against the operators of the waterpark, Ashley did not stop there. She and her clients felt strongly that the sole remaining defendant be held responsible as well. She pressed on. The case against the large Tennessee based developer that was responsible for the high-level decisions that led to I.C.’s near-drowning. The developer had failed to obtain insurance that provided coverage for water-related activities, despite the fact this company operated several marinas and marketed themselves as “experts” in developing water-related attractions. Despite the lack of insurance coverage, Ashley was able to secure another settlement with the developer from the company’s own funds.
Ultimately, I.C.’s day-to-day life is much improved as a result of the money Ashley helped secure for him and his family. His medical needs are completely taken care of. I.C.’s family was able to make modifications to their home to better keep him safe as he grows. The financial barriers to I.C. having the best care and opportunities to thrive were alleviated, and he continues his recovery to this day. He has surpassed every expectation and goal set for him by his medical team and caregivers.
Why Is Hiring An Attorney With Experience In Drowning Cases Important?
Drowning and near-drowning cases in Georgia are extremely complex. These cases cannot be handled without an extensive comprehensive understanding of duty of care, aquatic industry standards, contributory negligence, assumption of the risk, and negligent supervision. At Mitchell Law, we bring a deep knowledge of all of the factors and potential pitfalls facing plaintiffs in drowning-related cases. If your family has been impacted by a water-related injury, do not wait to speak with an attorney experienced in this area. Contact Mitchell Law to set up your free consultation.
Keywords:
Child injury, drowning, near drowning, Lake Lanier, Margaritaville, Georgia drowning accident, pool accident, hypoxic brain injury
