Four-year-old Asher Rayburn died after being found in hotel pool
The father of four-year old Asher Rayburn, who was found at the bottom of the pool at Moody Gardens in Galveston on July 2, and was pronounced death the following morning, has filed a wrongful death lawsuit against the hotel, alleging gross negligence and seeking over $1 million in damages.
Zhel & Associates, who represent Matthew Rayburn, said his son’s death was “completely preventable had the hotel taken even the most basic precautions” in a press release.
“This is the kind of tragedy that no parent or family can ever be ready for,” said Mr. Rayburn’s attorney Ryan Zehl of Zehl & Associates. “What makes this situation even more horrific is that it was completely preventable had the hotel taken even the most basic precautions.”
Among the claims listed against Moody Gardens in this lawsuit:
- Failing to properly monitor and control access to the pool area.
- Failing to properly hire, manage, train, and supervise competent employees.
- Failing to respond or intervene in a timely and adequate manner.
- Failing to take appropriate and reasonable action.
- Failing to provide timely and/or adequate medical assistance.
- Failing to provide and enforce adequate safety equipment, policies, and procedures.
- Failing to have lifeguards on duty.
Asher’s mother had taken him on a birthday trip to Galveston for the weekend, and they were guests of the hotel at the time of the incident.
According to the lawsuit, the hotel pool had no staff on duty to monitor the pool.
The witnesses who found the boy performed CPR, and it is not known exactly how long Asher had been underwater before he was discovered.
The lawsuit claims several misdoings by the hotel, such as failing to monitor the pool and adequately train the employees, as well as failing to intervene promptly, take immediate action, and not have the proper safety equipment, policies, and procedures.
