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Drowning in public pool - Lifeguard not around

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tauruspt915


Arresto Menor

Dear legal advisers, I am writing this for a friend because we want to help them seek legal advice for the death of their daughter.

Last April 2, 2018 , around 10 am , my friend who is the father of the 6 year old girl is swimming together on the beach. The daughter ask permission to go back to the room to get some stuffs. Father allowed her to go back and stayed on the beach. For some reason the girl find her way into the pool for the adults , at the time father is not aware what is going on.
A fellow guest which is also a minor saw the girl grasping for breath in the pool and called attention to other adult guest who responded and retrieve the girl from the bottom of the pool.

According to sources there is no lifeguard overseeing the pool area when this incident happened.

After the girl was retrieved , witness says there is still a pulse , then someone from the resort gave a CPR. Ambulance arrived moments later. Unfortunately the your girl did not make it to survive and died.

The resort administration facilitated the funeral services from getting the body from the hospital , until towards to it residence and with casket all paid by the resort.

The body of the girl was not taken from the hospital in due time because the resort owner demands signature of a what would be a quit waiver (or similar). in duress and because the parents want to have the girl laid back to the province as soon as possible, the parent signed without reading the whole content, as it was explained as a requisite for the funeral parlor to retrieve the body.

I would like to seek advice for them, if they can build a case against the resort, since on the time of the incident there was no lifeguard around the pool, and the clinic is closed during the enveloping incident.

Currently I have no information if this incident was put into police blotter for investigation, and if parents would be submitting their daughter for autopsy.

thanks in advance

mikos23

mikos23
Reclusion Perpetua

Hi taurus,

Please post this in the "Others" because this is not a labor and employment issue.

Thanks

attyLLL


moderator

they can file a case but that quit claim will work against them. whether it will prosper will depend on the evidence presented and appreciation of the judge.

https://www.facebook.com/BPOEmployeeAdvocate/

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