The Mother of a two year old boy, Conar Mathew Rose, has filed suit against the Vista Bonita Apartment Complex and its Owner, Nanik Bhagia alleging gross negligence for failing to maintain the fence surrounding the pool and murky water conditions that hindered rescue efforts. According to witnesses, the boy crawled through the fence because of missing pickets and ended up in the pool. The boy drowned and was pronounced dead on the scene. Texas Safety Lawyer, Jesse E. Guerra Jr. of the Law firm Hilliard & Munoz LLP, a firm who has carved a legal niche in swimming pool safety cases, has filed a wrongful death suit in Harris County seeking damages for the wrongful death of Rose.
According to the Houston Chronicle, the owner had been under scrutiny for the deplorable conditions of the complex and had received many citations urging that safety concerns be immediately addressed by Bhagia, the owner of the complex.
The Vista Bonita Apartment Complex, located in Houston, Texas was a low income complex that has received city wide attention as far up as the Mayor of Houston urging that conditions be improved and remedied immediately. According to The Texas Department of Health and Safety Standards, the fence enclosure shall not have any openings allowing the passage of a 4 inch diameter. Soon after the drowning, the complex had a welder out repairing and welding new pickets, as several of the pickets had been missing and left open for some time, according to eye witness accounts.
Several residents have acknowledged that they had given actual notice to the complex management staff and the owner of the dangers surrounding the pool area and the murky water condition in the pool that may have prevented rescuers from saving the boy who had fallen in the pool.