While his mother’s back was turned for 20 seconds, at most, a toddler disappeared at Margaritaville Resort Biloxi, her lawsuit says.
The family had just started their vacation in May 2022 at the resort, a child’s wonderland with an ample indoor arcade, carnival rides perched on an outdoor platform, and swimming pool with water slides and a lazy river.
But the getaway ended abruptly and tragically.
Kasey Thompson, 2, drowned shortly after his family from Louisiana arrived at Margaritaville. His mother Jaspanique Rogers and father Quartnall Thompson, both of Louisiana, have filed a wrongful-death lawsuit in Harrison County Circuit Court against Margaritaville.
They claim the resort was negligent for failing to maintain a safe pool area and prevent the drowning. They are seeking an unspecified amount in damages for the loss of his life and love, his pain and suffering, funeral expenses and loss of future earnings.
Drowning is the leading cause of death for children 1-4 years old, according to the Centers for Disease Control, which recommends basic swimming and water safety skills for children.
Margaritaville Biloxi denies wrongdoing
The lawsuit describes the minutes leading up to Kasey’s death. He was playing on a waterslide near the pool. His mother turned for 15-20 seconds, the lawsuit says, to get a towel. During that time, Kasey disappeared.
The pool was crowded, the lawsuit says. The water was murky.
“The pool was being guarded by teenage pool attendants who allowed him to get into the pool, where he subsequently drowned,” the lawsuit says.
His parents, the lawsuit continues, “believed that the pool was being safeguarded by trained lifeguards and pool attendants who should have (1) never allowed him into the pool and (2) should have seen the deceased toddler struggling in the pool and immediately rescued him and revived him from his drowning event safely and without harm.”
The crowded pool and cloudy water slowed his family’s efforts to find Kasey, the lawsuit says.
The lawsuit claims Margaritaville was negligent in operating the pool, listing, among other examples:
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“Overloading” the pool.
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Failure to adequately train staff to properly supervise the pool.
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Failing to notice a toddler had gotten into the pool alone.
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Failure to maintain clear water in the pool.
In a court filing responding to the lawsuit, Margaritaville denies any wrongdoing.
“Kasey Thompson was left unattended in the swimming pool area and entered the water in close proximity to the closed water slide exit, where he subsequently drowned,” says the response filed by Margaritaville attorney William A. Whitehead Jr. of Hattiesburg.
The parents, the response claims, “failed to act with reasonable care and diligence.”