El Paso Water Park Drowning: Mother Indicted, Lawsuit Filed Over Toddler’s Death

The tragic drowning of a three-year-old boy at an El Paso water park has sparked a complex legal battle, highlighting the critical issues of parental responsibility, premises liability, and the devastating consequences of negligence. This case, involving the indictment of the child’s mother and a subsequent lawsuit against the city and the park’s operator, serves as a stark reminder of the importance of water safety and the legal ramifications when safety measures fail. In this blog post, we will delve into the details of this case, exploring the legal concepts at play and offering insights into how such tragedies can potentially be avoided.

The Heartbreaking Incident at Camp Cohen Water Park

On May 13, 2023, three-year-old Anthony Leo Malave drowned at Camp Cohen Water Park in El Paso, Texas, during the park’s soft opening. The circumstances surrounding his death are particularly distressing. Witnesses reported that Anthony’s mother, Jessica Weaver, was allegedly not paying attention to her son, with some stating she was on her phone and not actively supervising him. According to reports, the young boy was found unresponsive in a four-foot-deep pool by a lifeguard. He was then transported to a hospital, where he was later pronounced dead.

This incident occurred despite the presence of lifeguards and the availability of life vests at the park. The tragic loss of Anthony’s life underscores the critical need for vigilant supervision of young children near water, regardless of the presence of safety personnel or equipment.

Indictment of the Mother: Injury to a Child

Following an investigation, Jessica Weaver was indicted on December 12, 2024, on charges of injury to a child causing serious bodily injury. This charge is a first-degree felony in Texas, reflecting the severity of the alleged neglect. The indictment states that Weaver was negligent by not putting a life vest on her son, not being with him in the water, and not allowing his food to digest before he entered the pool. Witnesses reported that Weaver was on her phone and not paying attention to her son, further supporting the negligence claims.

This indictment highlights the legal responsibility parents have to ensure the safety and well-being of their children. In Texas, parents can be held criminally liable for failing to provide adequate care and supervision, especially when such failure leads to serious injury or death.

Wrongful Death Lawsuit: Allegations of Negligence

In the wake of her son’s death, Jessica Weaver filed a $1 million wrongful death lawsuit against the City of El Paso and Destination El Paso, the company that operates the water park. The lawsuit alleges gross negligence on the part of the city and the park operator, claiming that the park was severely understaffed, the lifeguards were undertrained, and that the park was more concerned with packing the park with people and ensuring a live band was playing. The lawsuit also alleges that video footage from the day of the drowning, which could have revealed the park’s negligence, was conveniently destroyed.

This lawsuit brings into focus the concept of premises liability, which holds property owners responsible for maintaining a safe environment for visitors. In Texas, property owners have a duty of care to ensure their premises are free from hazards and to warn visitors of any potential dangers.

Premises Liability in Texas: What Does It Mean?

Premises liability is a legal concept that holds property owners accountable for injuries that occur on their property due to unsafe conditions. In Texas, this responsibility extends to various parties, including property owners, managers, tenants, and even government entities. The level of duty owed depends on the status of the visitor:

Invitees: These are individuals who enter a property with the owner’s permission for business purposes, such as customers at a water park. Property owners owe the highest duty of care to invitees, requiring them to maintain safe premises and warn of any known dangers.
Licensees: These are individuals who enter a property with the owner’s permission but not for business purposes, such as social guests. Property owners owe a lesser duty of care to licensees, requiring them to warn of known dangers but not necessarily to actively search for hazards.
Trespassers: These are individuals who enter a property without permission. Property owners owe the least duty of care to trespassers, only requiring them not to intentionally harm them.

In the case of the El Paso water park drowning, the child was considered an invitee, and the park had a duty to ensure his safety. The lawsuit alleges that the park failed in this duty by being understaffed, having undertrained lifeguards, and destroying video evidence, all of which could be seen as breaches of their duty of care.

Wrongful Death Lawsuits in Texas

A wrongful death lawsuit is a civil action brought by the family of a deceased person against the party or parties responsible for their death. In Texas, the immediate family members, including a spouse, children, and parents, can file a wrongful death claim. The purpose of such a lawsuit is to seek compensation for the financial and emotional losses suffered due to the death.

In the case of Anthony Malave, his mother filed a wrongful death lawsuit against the city and the park operator, seeking compensation for the loss of her son. The lawsuit aims to hold the defendants accountable for their alleged negligence and to provide financial relief to the family.

Key Elements of a Wrongful Death Claim

To succeed in a wrongful death lawsuit, the plaintiff must prove the following elements:

Duty of Care: The defendant owed a duty of care to the deceased.
Breach of Duty: The defendant breached that duty through negligence or wrongful actions.
Causation: The breach of duty directly caused the death of the deceased.
Damages: The family suffered damages as a result of the death, such as funeral expenses, lost income, and emotional distress.

In the El Paso case, the lawsuit alleges that the city and the park operator breached their duty of care by failing to maintain a safe environment, leading to Anthony’s death.

The Importance of Water Safety

This tragic case underscores the critical importance of water safety, especially for young children. Drowning is a leading cause of unintentional injury deaths in children, and many of these incidents are preventable. Here are some key safety tips to keep in mind:

Constant Supervision: Always supervise young children closely when they are near water, whether it’s a pool, lake, or even a bathtub.
Life Jackets: Ensure that children who are not strong swimmers wear U.S. Coast Guard-approved life jackets.
Designated Watcher: When at a pool or water park, designate an adult to be the “water watcher,” responsible for actively supervising the children and not engaging in other activities like using a phone.
Swimming Lessons: Enroll children in swimming lessons at an early age to help them develop essential water safety skills.
Pool Barriers: Install proper barriers around pools, such as fences and self-closing gates, to prevent unsupervised access.
CPR Training: Learn CPR and other life-saving techniques to be prepared for emergencies.

Seeking Legal Assistance

If you or a loved one has been injured in a water-related accident due to someone else’s negligence, it is essential to seek legal assistance. A personal injury attorney specializing in premises liability and wrongful death cases can help you understand your rights and options. They can investigate the circumstances of the accident, gather evidence, and build a strong case to pursue compensation for your losses.

Conclusion

The El Paso water park drowning case is a tragic example of how negligence and a lack of vigilance can lead to devastating consequences. The indictment of the mother and the subsequent lawsuit against the city and the park operator highlight the complex legal issues involved in such cases. This case serves as a critical reminder of the importance of water safety, parental responsibility, and the legal obligations of property owners to maintain safe environments for visitors. By understanding these concepts and taking necessary precautions, we can work to prevent similar tragedies from occurring in the future.

If you have any questions or need legal assistance, please contact our firm for a consultation.