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Jesse E. Guerra Jr.
Jesse E. Guerra Jr.
Contributor •

Lifetime Fitness Sues Mother of Drowned Boy

5 comments

Are you kidding me? What a joke of a defense!!! According to a news article in the Austin American Statesman www.statesman.com/news/local/fitness-company-sues-mother-of-drowned-boy-552390.html. The Fitness giant has sued the mother of Colin Holst and two of her friends for fraud and tresspassing as well as breach of contract. The article states that Life Time Fitness has a clause in their contract that prevents injured guests from recovering any damages for their injuries sustained at the fitness club. These ladies are being asked to pay all court cost and attorney’s fees associated from the law suit filed by the Holst family on behalf of their son, Colin Holst who tragically drowned there in 2009.

I personally know these people, the Holsts, and they are anything but frauds. They are outstanding people and family oriented. This loss has affected them in ways unimaginable to most. They have started a foundation in their son’s name to help prevent future child drownings. These are good people. The defense is making a huge mistake in playing this smoke and mirror tactic. I have been doing lots of pool cases representing folks like the Holsts. In the last two years I have and currently have represented drowning victims in over 15 drowning incidents against resorts, apartment complexes, and hotels for unsafe swimming pools and lack of attentive lifeguards. This is the first time I have ever seen something so outrageous. This is not a wise move and will only infuriate a jury panel. There are other ways to defend a case with merit and tact. This is not one of them.

If I were lifetime fitness, I would be shouting at my lawyers for employing such a dangerous tactic that is baseless and without true merit in my opinion. As I mentioned in my blog regarding this drowning, my prayers continue to go out to the family. They have suffered a loss that is never going to be forgotten.

5 Comments

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  1. Jane says:
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    Certainly lifetime has some responsibility and liability but after reading through all the articles I’ve concluded that lifetime is doing the right thing by suing the mother. The mother certainly shares just as much of the blaim for what happend — maybe more. Lifetime makes it very clear on its agreements and signage that parents are responsible for their children. Why wasn’t the mother watching her son? Why didn’t the mother immediately call 911 instead of waiting on lifetime to call them? Where exactly was Mom when all of this was going on? I suspect she like many parents these days just dumped her kid in the pool and started socializing, drinking, or talking on her cell phone.

    Just go to any pool and you will see exactly what I mean. The lifeguards are so busy babysitting and correcting the children that it’s unfortunately no surprise that they are unable to do their primary job of watching the water.

  2. amanda says:
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    Sorry, but the mother shares just as much accountability for what was in the end a very tragic accident. She now comes across as somebody looking to profit off her son’s death.

    Whatever happened to an accident is an accident and we are human beings that make mistakes?

    I’d love to sit on that jury. I wouldn’t give her or her husband a dime.

  3. mom of 2 says:
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    parents are responsible for children. should not depend on lifeguards in public pool. the parent is at fault -sad but true.

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    Whether or not the mother is at fault, suing the family who is mourning the loss of their son is the quickest way to lose a jury.

  5. 11 childeren says:
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    Ridicules! Anyone who has children know that it takes SECONDS for a child to have an accident or disappear. There are lifeguards that you rely upon for help, same as a baby sitter. And to sue the Mother! OMG. Imagine holding you child’s lifeless body, never to see them again. We don’t know how well she was watching her child, it takes seconds and these lifeguards are trained for this sort of situation. You don’t sue the Mother! Let the insurance deal with it. If the lifeguards cannot handle it they should limit the people at the pool or get more help! That place gets so over crowded – you can’t find a chair.