The Haggard Law Firm, led by Michal Haggard and Kimberly Wald, along with co-counsel, Gregory Kraemer of Morgan & Morgan secured a $26 million policy limits settlement in a near-fatal drowning case involving a 2-year-old boy. Jasper Richard, suffered a catastrophic brain injury after gaining access to an apartment complex pool in Las Vegas, Nevada. The incident, which took place in May 2023 at the Summer Winds apartment complex, has brought attention to critical issues related to pool safety and property management.
The Tragic Incident: An Anoxic Brain Injury
On the day of the near-fatal drowning, 2-year-old Jasper was playing unsupervised when he entered the pool through a broken pool gate at the apartment complex. Jasper was alone at the time of the incident, and his mother was unaware, as she was asleep in their apartment. He suffered an anoxic brain injury—a condition caused by a lack of oxygen to the brain.
As a result of the accident, Jasper now faces lifelong medical challenges, requiring constant care. To date, his medical bills have exceeded $4 million, and he will continue to need a ventilator, tracheostomy, and feeding G-tube for the rest of his life.
Defendants’ Argument: Negligence and Liability
In the aftermath of the drowning, the defendants attempted to shift the blame to Jasper’s mother. They argued that Jasper had been found, outside of his apartment, unsupervised, near the pool, at least three times prior to this drowning. They further argued that if she had been properly supervising her son, the tragic incident could have been avoided. Additionally, they claimed that the pool gate was functioning correctly, as it had been inspected just hours before the drowning occurred.
However, the investigation led by Haggard and Wald uncovered critical evidence that ultimately contributed to key lynchpin in the case for Jasper’s family. Their investigation revealed the pool gate had been in disrepair for months prior to the incident, violating safety standards set forth by the Southern Nevada Health District.
Pool Gate Safety Violations: A Key Factor in the Drowning
Haggard and Wald’s investigation revealed that on February 6, 2024—three months before the drowning—an inspection found that the pool gate at the Summer Winds apartment complex was non-compliant with safety regulations. Specifically, the inspection report highlighted that the gate did not “self-latch from any open position,” which was a violation of the standards set by the Southern Nevada Health District. The report stated that the gate needed to be repaired to ensure safety before the pool could be reopened.
This critical evidence demonstrated that the property management had been negligent in addressing the safety concerns with the pool gate, and that this negligence directly contributed to the tragic drowning.
A Lifelong Injury and the Need for Justice
As a result of the drowning, Jasper sustained an anoxic traumatic brain injury, which has left him with permanent disabilities. The child now requires round-the-clock medical care, and his condition will require lifelong treatment and support. Jasper’s family, particularly his mother, is now faced with the emotional and financial burden of providing for his complex medical needs.
“We hope the resolution of this case brings some peace to Jasper’s family,” said Michal Haggard. “The funds secured in this settlement are critical for covering his ongoing medical care, which will be required for the rest of his life.” Kimberly Wald added, “Had the property management acted on the Health District’s notice of non-compliance with the same urgency that they would if it were their own child at risk, this devastating injury would have never occurred.”
The Importance of Pool Safety: A Reminder for Property Owners
This case serves as a tragic reminder of the responsibility that property owners, particularly apartment complex managers, have when it comes to maintaining safe environments for residents and their families. In many drowning cases, including this one, simple but vital safety measures—like ensuring that pool gates are properly maintained and self-latching—could have prevented a life-altering injury.
“Over the years, we’ve seen far too many instances where apartment complexes are aware of broken gates or fences and fail to address the issue with urgency,” said Haggard, a member of the National Drowning Prevention Alliance (NDPA) Board. “This case outcome is a wake-up call that when lives are devastated due to professional negligence, those responsible must be held accountable for their errors.”
The Haggard Law Firm: Advocating for Families Affected by Drowning Accidents
The Haggard Law Firm has a long history of advocating for families who have been impacted by fatal and non-fatal drownings. With decades of experience handling complex personal injury cases, the firm has successfully secured millions in compensation for victims of drowning accidents caused by negligence. Haggard, Wald, and their team continue to fight for justice, holding negligent property owners accountable for their actions.
If you or a loved one has been impacted by a drowning accident, it’s critical to consult with experienced attorneys who understand the complexities of these cases. The Haggard Law Firm has the expertise and resources to investigate and litigate the most complex drowning cases to ensure that victims and their families receive the compensation and justice they deserve.
Contact The Haggard Law Firm Today
If you or a family member has been injured in a drowning accident or suffered from pool-related negligence, contact The Haggard Law Firm today for a free consultation. Our legal team is dedicated to holding negligent parties accountable and securing the financial resources necessary to support the lifelong care of victims. Contact us here.
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