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Houston law firm Zehl & Associates are pursuing legal action against Moody Gardens on behalf of a father whose young child fatally drowned in the Galveston hotel's swimming pool during the Fourth of July weekend. Houston Daily previously reported that 4-year-old Asher Rayburn, of Paris, died at the nearby University of Texas Medical Branch (UTMB) on July 2 after hotel guests retrieved him from the pool.
“This is the kind of tragedy that no parent or family can ever be ready for,” attorney Ryan Zehl said, according to a July 17 Facebook post. “What makes this situation even more horrific is that it was completely preventable had the hotel taken even the most basic precautions.”
Citing Houston ABC affiliate KTRK, Houston Daily previously reported that Rayburn and his mother were guests at the Moody Gardens Hotel, the visit reportedly being a birthday gift for the boy. Witnesses informed responding Galveston police officers that they attempted to revive the boy before first responders arrived. Rayburn was was initially admitted to the hospital in critical condition, but died on Sunday, according to police.
Houston NPR affiliate Houston Public Media (HPM) reports that the boy's father Matthew Rayburn filed a wrongful death lawsuit with the Galveston County district court on July 13 against Moody Gardens citing negligence and seeking more than $1 million in damages. HPM reported that the complaint claims Moody Gardens was negligent in its failure to properly control access to the pool area, failure to have lifeguards on duty, and failure to save the toddler in a quick and timely fashion. Per HPM, Moody Gardens said through a representative that it is unable to provide comment at this time due to the pending lawsuit.
The Centers for Disease Control and Prevention (CDC) states on its website that drowning is the leading cause of death for children between the ages of 1-4 and is the second leading cause of death for children ages 5-14 just behind motor vehicle crashes.