The community of Conway, Massachusetts, is mourning the loss of a young man after a tragic drowning occurred at the Conway Community Swimming Pool earlier this week. According to officials, 21-year-old Abdelaziz Ayay of Chicopee died after struggling in the water Tuesday evening at the town’s pool, which also functions as a natural pond.
Conway Fire Chief Robert Baker reported that two swimmers were transported to the hospital following the emergency. Ayay was pronounced dead at 8:40 p.m., while the second swimmer, a woman, suffered serious injuries but survived. The cause of the incident remains under investigation by the Northwestern District Attorney’s Office.
“This is a very unfortunate accident and the first of its kind since the Pool opened in 1950,” the pool’s trustees wrote in a statement. The facility, located on Whately Road, was closed for two days following the incident and has since reopened.
The drowning has deeply impacted local officials and residents alike. Conway Police Chief Donald Bates said the call was particularly jarring given the pool’s long safety record. “For 75 years, we’ve never had an issue at the pond,” he said. “So, for this to come over the radio… was kind of a shocker for us.”
Witnesses and responders described the scene as deeply emotional. Both victims were reportedly struggling to stay afloat when emergency crews arrived. While the pool is open to Conway residents and their guests, it operates under a “swim at your own risk” policy with no lifeguard on duty.
Muriel Stundis, a nearby resident, voiced concerns shared by many: “I do think that those types of things, called pools, need to have a lifeguard.”
The Conway Community Swimming Pool, while referred to as a “pool,” is essentially a small public pond. Rules posted on the facility’s website clearly state that there is no lifeguard on duty and swimmers must enter the water at their own risk. Guidelines further specify that children under 12 require adult supervision and that children five and under must be accompanied by an adult while in the water.
While these policies provide general safety expectations, the absence of trained personnel to respond in an emergency significantly increases the risk of injury or death—especially in open, natural water environments. The question now facing the community is whether relying solely on signage and personal responsibility is enough, particularly given this tragedy.
Public or community-managed pools, even those described as "swim at your own risk," still carry a duty of care to ensure the facility is reasonably safe for users. This includes making decisions about supervision based on known risks, pool size, user demographics, and historical safety data.
Facilities without lifeguards may still be liable if:
Warnings are not sufficiently visible or enforced
Safety equipment like rescue hooks or life rings are missing or inaccessible
The environment creates hidden dangers such as sudden drop-offs or murky water
There is a failure to regularly review safety procedures or respond to foreseeable hazards
In this case, it remains to be seen whether the lack of lifeguard staffing or other safety deficiencies contributed to the drowning and the near-drowning injury.
Accidental drownings can shatter families and communities. While the incident in Conway is being called a tragedy and an anomaly, that does not lessen the pain for those affected. For the family of Abdelaziz Ayay, the grief is compounded by questions—could this have been prevented? Were there gaps in safety protocols? What will be done now to protect future swimmers?
At Aquatic Attorneys, we believe those questions deserve answers. Our legal team, led by renowned trial attorney Michael Haggard, Esq., specializes in drowning and aquatic injury cases across the country. We hold facility operators, municipalities, and property owners accountable when negligence plays a role in tragic incidents.
If your loved one has been involved in a drowning or near-drowning incident at a public or community swimming facility, you have rights. Contact Aquatic Attorneys today for a free and confidential consultation. We are committed to helping families uncover the truth, secure justice, and advocate for safer aquatic environments.
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