The father of a teenager who drowned at an area water park is not happy after reading the incident report.
The WBRZ News 2 Investigative Unit obtained a copy of the report, written by the Livingston Parish Sheriff's Office, dealing with the incident at Cajun Lagoon, a water park in Livingston Parish. In July, 14-year-old Nick Kissner drowned there.
Owners told investigators there were four lifeguards on duty at the time of the drowning. The park's insurance company only requires one lifeguard and there is now law regulating the number, either.
John Kissner, Nick's father, believes that is an issue. He told WBRZ News 2 in an exclusive interview, if there were more lifeguards, his son might have survived.
"A place that size should have 15 to 20 lifeguards," Kissner said.
The facility owners also said in the report, lifeguards watch over assigned sections of the park; but could not provide any specifics about what was being monitored the day Nick Kissner drowned.
"You're supposed to watch where your lifeguards are," said Kissner. "You're supposed to make sure that they're working."
Park customers sign a waiver acknowledging the park has "unanticipated risks that could leak to injury, paralysis or death" as they enter. Some patrons are required to wear life jackets.
Kissner's son was found by a member of his church group, who were with him, after a 20 minute search.
Cajun Lagoon has all the parish permits needed to operate a business. The owners of Cajun Lagoon have not made a public statement since the drowning.
But, Kissner said he believes the business should be closed.
Cajun Lagoon did not wish to comment on this story today, a park employee said owners had not seen the report.
So does John Kissner have a valid point? Yes and no. Certainly, Cajun Lagoon can not be closed down if it is compliant with all laws and regulations that allow it to operate and it appears that it is in compliance. But John Kissner's true point is probably that Cajun Lagoon is not safe and allowing it to stay open poses a safety risk for others. This point may be valid and he is right to raise it.
The operator of a water park is obliged to have adequate safety measures in place to ensure the reasonable safety of its guests. This obligation includes adequate and properly trained staff including life guards. The number, location and responsibilities of the life guards is determined by the circumstances of the water park. Thus, a large, crowded park will require more life guards than a small, less crowded park. Likewise, a park that attracts young, inexperienced swimmers may need more life guards and support staff than one that attracts teenagers or young adults. But in all circumstances, a water park being inherently dangerous must take all reasonable precautions to ensure the safety of its guests. The tragic death of Nick Kissner suggests that Cajun Lagoon failed to do so.
Ultimately, Kissner will have difficulty convincing local officials to close the park. Perhaps his best remedy lies in bring a wrongful death lawsuit against Cajun Lagoon that may also result in the park improving its safety measures. The proven trial attorneys at Fisher Injury Lawyers have been helping good people like the Kissner's for over 20 years. We have a record of success having secured over $40,000,000.00 in verdicts, judgments or settlements on behalf of our clients. We have the expertise and resources to handle the most challenging and difficult cases. Call us now. We are here for you.
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Source: WBRZ.com
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