I agree with you that it is indeed a tragedy that this poor 4 year old drowned and my heart goes out to his family and all involved who were there to witness this terrible event and those who tried unsuccessfully to resuscitate him. I do, however, have to take you to task for the inaccuracies in your article and not knowing all the facts before you make comments on this event. First of all, Batchelor Heights is not just an apt. complex but also consists of townhouses and individual homes and residents belong to a homeowners association that also set rules and regulations for the pool. You described how apt. complexes and hotels feel that posting warning signs stating no lifeguard on duty eleviates them of any liability in the future and then proceeded to say "this is not the case, especially in a situation like this where you have a child that is incapable of appreciating the danger. Obviously the pool was left unattended and did not have a gate, or the gate was unlocked." A 4-year old is incapable of appreciating the danger, however, his mother and grandmother who accompanied him and unfortunately did not supervise him, should have appreciated the danger. The pool also was not left unattended as you stated. There were approximately fifteen people using it at the time. Signs are posted and, in fact, there is a fence with a gate that has an electronic key card lock and only residents of the HOA are given the electronic keys. This pool is for residents only and unfortunately this boy and his mother were not residents but friends of a resident who let them use the pool even though the resident was not in attendance. In the future, I would hope that, as a lawyer, you would know all the facts and circumstances before implying liability.

Mr. Gordon,

Thank you for your comment! I reread the posting and, you are correct, I jumped the gun and made an assumption.

This is a really unfortunate situation, and very few facts are available. Your comments have helped us all obtain information that wasn't previously available. I have deleted the line that you referenced as being inaccurate.

Again, thank you for taking the time to read and comment. That's the whole point of this Blog: to get information out so that we can all understand what happened, and hopefully prevent a similar tragedy in the future.