Pollyanna (alicenwndrln) wrote,

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Parents of Boy Who Drowned Sue

LOS ANGELES (AP) - The parents of a 7-year-old boy who drowned at a friend's pool party are suing the homeowners, claiming negligence and poor maintenance were responsible for their son's death.

Paolo Ayala, who didn't know how to swim, disappeared June 2 and was missing for about a day before his body was found in the pool.

Police said the pool's water was murky and the floor apparently created an optical illusion that led officers to believe they saw the bottom of the pool when they did not. A housekeeper spotted Paolo's body hours after a pool cleaner had added chemicals to the water.

An autopsy showed the boy drowned.

The lawsuit alleges that Saeed and Kimberly Farkhondehpour were negligent in maintaining the pool and failed to properly supervise Paolo.

Attorney Jack Zakariaie, who represents the Farkhondehpours, said his clients were never told that the boy couldn't swim.

``This kid had no place being at a pool party when he didn't know how to swim,'' Zakariaie said. ``I'm not sure if the water wasn't murky, it would have made a difference in this case.''

Franklin and Eduina Ayala are seeking punitive and special damages, including compensation for emotional distress and loss of future income, as well as reimbursement of funeral and burial fees.

A few points. What were parents doing sending their son who couldn't swim (at 7 years old? I think it's irresponsible to not teach your child to swim...my grandmother is 80+ & never learned to swim) to a POOL PARTY? Did they think that swimming would not be occuring? It's a pool party! If the people whose house it was are telling the truth, & they didn't know the little boy couldn't swim, how could they be responsible? Secondly, blaming murky water for his death? The murky water didn't kill him. He drowned, & would have drowned in clear water. The murky water might have prevented authorities from finding him sooner, but it didn't kill him.

If the parents did not tell the party throwers that their son couldn't swim, they have no business holding them responsible. Even if they DID know, I find their responsibility questionable. Say there's 10 kids in the pool. They should take on the worry of paying VERY close attention to your child whom you never taught to swim? I say again, what was a kid who couldn't swim doing IN A POOL???? Yes, I guess if you throw a pool party, you are responsible, to an extent. But the kid didn't know how to swim, so he had no business in a pool. And if they party throwers didn't know....come on. And suing for "loss of future income?" What's that all about? WTF? I was back to work in less than a week after my mother's death, & we were thisclose. Are they ASSUMING that they will need a lot of time off to "heal?" I don't understand that.

And ummm...while we're at it...what IS the point of suing people over an accidental death? Do we think this couple who threw the party is not distraught enough? That they wanted the kid to die? Is 5 million dollars in "damages" going to bring your child back? It reeks of greed to me. Is it to punish them? Punish them where it hurts...the pocketbook? Teach them a lesson? Maybe if they lose $5 million & their house, they will be more careful next time?

When my mother died, I wanted to sue to get the doctor's licenses taken away...but no amount of money would have brought my mother back, & living off money "won" from her wrongful death? Ewwww. No thanks.

To me, this seems very similar to the "grieving" parents who sue Judas Priest over their son committing suicide after listening to their music...we need to find a scapegoat in our grief. Maybe there is some guilt there...knowing their child couldn't swim, maybe they shouldn't have let him go to a pool party. Maybe one of them should have gone with him & personally watch him, knowing he can't swim. Maybe the lawsuit is a way to stop feeling guilty....because if someone else is to blame, maybe you aren't.

What do ya'll think? I am just musing over it...
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