Lawsuit for Summer Camp Drowning

The Gottsman family has filed a lawsuit over the death of their son Yoni Gottsman. Yoni was four years old at the time of his death while attending a summer camp at the Cathedral Oaks Athletic Club. The young boy was found floating face down in the pool. Based on surveillance video the family, through their attorney, claims there was no supervision at the pool. The lawsuit is claiming negligence, wrongful death and willful misconduct. The complaint alleges the life guards did not receive proper training and did not watch the campers well enough although this statement seems to be at odds with the claim that there was no supervision at the pool.

What stands out is the statement by the attorney for the plaintiff that claims the defendant “falsely advertised itself as a safe and secure environment for kids.” This is the second article in as many months claiming the statements made on the web gave rise to the lawsuit. See Children suing health club over death of parent: Mother was 70 and had heart disease. Remember: The promises made in your marketing are what you are forced to defend when you are on the stand in a lawsuit.

Surveillance video is so common that we ignore it now days. The allegations in the complaint are the video shows a counselor dunking the deceased before he drowned.

What seems to have triggered the anger leading to the lawsuit was the refusal of the district attorney to file criminal charges in the matter. There is a clear misunderstanding of the differences between criminal law and civil litigation. This desire to prosecute is reinforced in statements made by the plaintiff’s attorney who says they intend to dig up evidence to bring the case back to the district attorney.

The plaintiff’s attorney is probably paid based on what he recovers. He will not be paid to dig up a criminal case.

See Lawsuit filed in drowning death at Cathedral Oaks and Family Files Lawsuit After Summer Camp Drowning.