The Haggard Law Firm’s Michael Haggard and Adam Finkel, along with co-counsel Julie Hager, have obtained a nearly $12 Million settlement in a drowning case involving a child who made his way through a broken pool gate and into a community pool.
During the morning of August 24, 2019, Mohamed Salim, a resident of the Arbor Keys Condominiums in Tamarac, Florida, dropped off his minivan with a neighbor, so that it could be washed. Later that afternoon, Mohammed, along with his four and six-year-old sons, walked across the parking lot to check on the status of the van. As the van was not ready, Mohamed sent his sons to the nearby playground, while he waited for his van to be finished. At least 13 minutes later, Mohamed heard screams, as it had turned out that his boys left the playground and made entered the community pool. They did this without Mohamed’s knowledge, and while he was monitoring his van.
While the community pool was meant to be closed, the gate was recently broken. As a solution, the gate was secured by a loosely-fit chain and padlock that allowed for a 13-inch gap when opened. The boys entered the pool through the gate’s opening, played in the pool area for several minutes, and eventually, 4-year-old Monzer became submerged and nearly drowned. Seventeen months later, he died.
While Defendant Atlantic Waterworks was only a pool cleaning company, and simply subcontracted their work with Arbor Keys to Moonlite Pool Service, both tendered their One Million Dollar policy limits. Further, while Next Generation Management was in charge of managing the property, and it was Arbor Keys that purchased the chain and padlock, they too tendered their Four Million Dollar policy limit. Lastly, with further litigation and on the doorsteps of trial, a settlement for an additional $5.95 Million Dollars was reached with Arbor Keys.
About the case, Haggard said “I have unfortunately been litigating these cases for more than 20 years. Despite the changes in laws to prevent tragedies like the one that has changed the lives of Monzer’s family, these preventable drownings are still occurring. Too many apartment complexes, hotels, and other commercial businesses responsible for pools are still not taking all the needed, immediate steps necessary to protect our children. Sometimes the only way to force change by and introduce responsibility to a business is by impacting its bottom line. We hope this case result will make anyone responsible for a community or public pool area stop and think of what they can do to help save the hundreds of children who die in our country every year from preventable drownings.”
For decades, The Haggard Law Firm has successfully litigated the most challenging drowning cases and obtained more than $350 million in verdicts and settlements in these cases. LEARN MORE ABOUT OUR DROWNING LITIGATION Contact the firm at 305.446.5700
