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Latoya Fayall, the mother of the 7-year-old victim, has filed a lawsuit claiming the hotel pool drowning was a result of the Myrtle Beach Resort's negligence.
The Crown Reef Resort, located on the infamous Ocean Boulevard in Myrtle Beach, SC, was the destination selected by Fayall and more than 60 other friends and family for a multi-day trip in the summer of 2018. The suit indicated that Fayall went on the trip with her 19-year-old daughter as well as her younger daughter, though tragically, only one would return back home.
On the date of death, it is reported that Fayall was at the pool with her daughters. Live music played and while alcohol was being served at the pool party, Fayall herself did not consume any. At one point, the young girl's mother asked her older daughter to momentarily watch over her younger sister.
It was during this time that Malazya is believed to have drowned in the pool, which the suit stated may have been overcrowded. It is believed that the large number of swimmers present may have contributed to the drowning, or at least prevented the 7-year-old victim from being rescued sooner.
Regrettably, no lifeguards were present on the property to watch over pool-goers. Furthermore, no security cameras were in place which could have recorded the incident.
It is these factors that the suit states ultimately led to the drowning. At one point in time after the accident, the victim's mother was charged with child neglect. However, these criminal charges were dropped in the year following the incident on a basis of lack of evidence.
Since the Aquatic Attorneys first encountered the drowning of Malazya Fayall at the Crown Reef Resort, two additional hotel pool drownings have taken place in the area. Tragically, both took place within one week of each other in April of 2021.
Tamara Willard, 4, also drowned at a pool on the premises of the Crown Reef Resort. Just 6 days later, on April 8th, 2021, Horry County officials responded to the drowning of 5-year-old Shane Chester. The young boy passed at Grand Strand Regional Medical Center after being pulled from the pool at the Ocean Reef Resort, which is located at 7100 North Ocean Boulevard.
Millions of vacationers book hotels every year hoping to escape and relax. When booking their trips, many of these travelers give great importance to the facilities and amenities available at their potential destination.
In fact, when it comes to traveling with young children, the presence of a pool for kids to enjoy likely plays a big part in the final selection.
What few parents consider when choosing a hotel is whether the pool and other amenities will have proper supervision confirming their safety while enjoying themselves. Indeed, one simply assumes that the premises are safe not only for young ones but for adults as well.
Yet, the assumption of safety doesn't hold much ground in the courtroom. What does hold weight is the fact, like any other business, hotels owe their patrons a duty to maintain premises so that injuries or worse are avoided.
When hotels fail to take steps that safeguard the health and wellbeing of patrons, they may be held responsible for damages suffered. Victims of such damages may file injury or wrongful death lawsuits with the aim of holding the hotel operators liable for their oversights.
If successful, such lawsuits against hotels can award victims with compensation which considers:
If you've been impacted by a hotel pool drowning accident, get in touch with our team today for a free legal consultation.