GEORGETOWN Investments and Management Services Inc., trading under the name “The Princess Hotel”, was sued by Marcia Duke, mother of Shaquille Edwards—the teen boy who died by drowning in the pool of the hotel four years ago.
Edwards, who was 17 years old at that time, went with a group of approximately 20 teenagers, comprising final year and former students of St. Stanislaus College, to enjoy a day of swimming at the Princess Hotel Swimming Pool.
While they were preparing to leave, Edwards told his friends that he was going to take one last jump before they leave. However, his last jump ended tragically. The mother’s claim however, is that the absence of a lifeguard at the pool contributed to the death of her son.
It was reported that the teen was under water for about 12 minutes before he was rescued and no lifeguard was there to resuscitate him or even save him while he was drowning.
The matter was called before Justice Sandil Kissoon, who on Monday morning gave his ruling in favour of the mother.
The mother, represented by Attorney Nigel Hughes, in her Statement of claim, contended that on the 25th January, 2014, the defendant negligently failed to provide a lifeguard on duty and failed to place visible warning signs to the public of the dangers of using the pool which was at the premises of the defendant, thereby negligently causing the death of Edwards by drowning.
Hughes told the Guyana Chronicle that the hotel had a duty to ensure that if they are going to have this big pool where people are coming, they have a responsibility to ensure that they have an effective lifeguard. The hotel he said, claimed they don’t have lifeguards at the pool, but there was a lifeguard, one that was negligent because at the time of the incident he was liming in the lobby and it took him about 10 minutes to render assistance to the dying teen.
In the particulars of negligence, the document stated that the defendant failed to warn the public of the dangers of the pool of water; failed to place visible and proper signs in and around the pool to warn and/or deter persons from using the facilities for swimming purposes; failed to provide a lifeguard at the said pool at all times while the pool was open; and failed to provide proper security for the said premises.
By reason of the matters aforesaid, Edwards sustained injuries, from which he died on the 25th of January, 2014.
The claim also pointed out that the deceased was attending Saint Stanislaus College and was in the Sixth Form class. He was preparing to write four (4) subjects at the Caribbean Advanced Proficiency Examination in 2014. He was very athletic and showed much promise in his intellectual capacity as an eager 17 year old.
By reason of the matters aforesaid, the expectation of life of the deceased was shortened and his mother has thereby suffered loss and damage. In addition funeral expenses have been incurred amounting to $250,000.
Justice Kissoon said he found that the teen was contributory negligent to 25 per cent and as such he granted exemplary damages in the sum of $7.5 million, instead of $10 million.
In addition to exemplary damages, Judge granted $250,000 for funeral expenses, $668,968 for special damages and a total of $2.5 million for general damages. The general damages entailed loss of earning capacity – $1,250,000; loss of life – 1,000,000; and pain and suffering – $250,000.