logo
    • News
    • Classifieds
    • Free Subscription
    • Book Store
    • Submit
      • Submit a Classified Ad
      • Submit an Educational Announcement
      • Submit a letter to The Editor
    • Past Issues
    • Regional Trade Shows
    • Testimonials
    • Contact
    • News
    • Classifieds
    • Free Subscription
    • Book Store
    • Submit
      • Submit a Classified Ad
      • Submit an Educational Announcement
      • Submit a letter to The Editor
    • Past Issues
    • Regional Trade Shows
    • Testimonials
    • Contact
Mother sues waterpark and service tech
News
September 12, 2022
Mother sues waterpark and service tech

After her son was injured in a lazy river, a Michigan mother has filed a lawsuit against the waterpark and the service person responsible for maintaining and repairing its pools and their components.

Alyssa Pappas says her son was injured when he became stuck in the drain in the lazy river of the Avista Ocean Resort, according to a complaint filed June 8.

She is seeking a jury trial against Avista Developments, Avista Rentals, Myrtle Beach Seaside Resorts, the Avista Council of Co-Owners, and a John Doe pool maintenance worker.

The incident occurred on March 19, 2018, when according to Pappas, the boy and a friend were playing in the lazy river and a piece of the boy’s goggles broke off and fell under a grate. Hoping to retrieve it, the boys pried off the safety grate that was covering a powerful suction pipe.

They didn’t have a tool,” said family’s attorney, Mike Morse. “They just moved the grate and a powerful filtration system sucked Evan underwater.”

The boy’s leg became stuck in the pipe, eventually up to the knee, as the boy’s friend tried to pull him out, before he frantically started screaming to nearby adults for help.

A number of adults jumped in to help, including a man who performed underwater mouth to mouth to keep him alive.

After more than six minutes underwater, it took four adults to bend a metal bar and get the boy free.

First responders arrived and began CPR before he was taken to the hospital.

Pappas said that for the next several days her son was kept in a medically induced coma and remained on a ventilator for more than a week.

“You didn’t even know if he was going to open his eyes or what would happen once they did stop the medicine to wake him up,” she said in an interview with NBC News.

Years later, the boy is now back in school in Commerce Township, near Detroit. Shortly after the incident, his mother said he was being monitored for brain damage, but no update was provided. However, according to the lawsuit, the boy has suffered permanent injuries and partial disability, inability to carry on normal activities, future diminution of wages, and more.

Pappas’ lawsuit accuses the resort and its employees of failing to: inspect the common areas for unsafe conditions; hire and train its employees as to proper inspection, repair and maintenance; and hire subcontractors with the appropriate knowledge to inspect, repair, and maintain the pools and lazy river, among other accusations.

They say that the defendants had or should have had knowledge about any defects in the drain in the lazy river and should have remedied those defects.

Morse, the family’s lawyer, said the boy’s injuries were the result of complete negligence.

“They didn’t have proper screws. South Carolina law is very clear that they needed corrosion-proof screws in grates, and they didn’t have it.”

In their response to the complaint, filed in July, the resort denies any structural issues or defects, and stated that the boy’s injuries were not the resort’s fault. Furthermore, they claim the family hasn’t made sufficient attempts to lower their medical costs.

Specifically, they state the family should have taken “reasonable and prudent evasive action to avoid the incident” and didn’t act “as a reasonable and prudent person would have under the circumstances.” It also states that the child’s “alleged injuries were proximately caused by the intervening, and/or superseding acts or omissions of other parties and/ or others for whose conduct these Defendants are not responsible.”

According to court documents, jury selection is scheduled to begin in September, 2023.

Photo credit: Avista Ocean Resort, Myrtle Beach, SC.

LATEST NEWS
Homes with pools raise price and sell speed
News
Homes with pools raise price and sell speed
Demand for houses with swimming pools remains strong in warm weather states
June 30, 2025
By Marcelle Dibrell As summer begins to heat up, so does the U.S. housing market — though not evenly across the board. Buyers and sellers are navigati...
this is a test
News
Final summer survey results tallied
June 30, 2025
Each year, Service Industry News takes the pulse of the pool and spa service sector through our comprehensive survey, and in this final installment of...
this is a test
during the pandemic peak. This ….
News
during the pandemic peak. This ….
June 30, 2025
during the pandemic peak. This has resulted in a widening gap between buyers and sellers. According to Redfin, there are approximately 1.9 million sel...
this is a test
News
Chem exposure sends 5 to hospital
June 30, 2025
Several patrons at a residential community swimming pool in Apache Junction, Arizona, were sent to the hospital following a hazardous materials incide...
this is a test
News
New Jersey city pool workers arrested
June 30, 2025
A group of municipal pool workers in New Jersey has been arrested for allegedly stealing chemicals from the Secaucus town pool to support their privat...
this is a test
Gators swim to escape heat wave
News
Gators swim to escape heat wave
June 30, 2025
As summer heats up across the South, pool technicians are being reminded that it’s not just algae or cloudy water that can cause a service delay. Some...
this is a test
Read Our Newsletter
ePaper
coogle_play
app_store
Free Subscription
View Current Print Ads
Educational Announcements
Aquatic Training Institute

Educational Leverage

Foundation For Pool Industry Education

Locey Pool

Pool Chemistry Training Institute

Pool & Hot Tub Alliance

Portofino University

Underwater Pool Masters
Trade Show Dates
  • The International Pool Spa Patio Expo
    Nov. 12-14, Dallas, Texas
  • The Pool and Spa Show
    Jan. 28-30, Atlantic City, New Jersey
  • 35th Annual National Plasterers Conference
    Feb. 26-28, Lake Buena Vista, Florida
  • The Southwest Pool and Spa Show
    Feb. 4-8, Houston, Texas
  • The Western Pool and Spa Show
    Feb. 6-8, Long Beach, California
Books to Order
About Us Terms of Use Privacy Policy
We use cookies to ensure that our website gives you the best experience possible. By continuing to use this website, you agree to this use of cookies.OK