SwimRVA: $100 Million Wrongful Death Lawsuit Filed After Drowning

• Nine-year-old King Sha'Mar Overton drowned at SwimRVA summer camp in Henrico County on June 15, his first day.
• His mother had informed camp staff, both verbally and in writing, that King could not swim.
• The $100 million wrongful death lawsuit, filed by attorneys Ben Crump and Mark Krudys, alleges gross and willful negligence against SwimRVA, its counselors, and lifeguards.
• Allegations include insufficient lifeguard staffing, an abandoned lifeguard post, and an inflatable structure obstructing the lone lifeguard's view.
• SwimRVA was operating without a required state license, meaning no state inspector had reviewed its safety protocols.

The $100 million wrongful death lawsuit, filed by attorneys Ben Crump and Mark Krudys, alleges gross and willful negligence against SwimRVA, its counselors, and lifeguards.

Nine-year-old King Sha'Mar Overton tragically drowned at the SwimRVA summer camp in Henrico County on June 15, his very first day attending the program. His mother, LaTaisha Johnson, had enrolled him with the hope he would learn to swim before an upcoming family trip to South Carolina. She explicitly informed camp staff, both verbally and in writing, that her son did not know how to swim. Despite these clear warnings, King was permitted to enter the pool during a free swim period without a designated buddy or direct supervision.

The young boy remained submerged underwater for a minimum of ten minutes before another camper eventually noticed him. A bystander, who was not a SwimRVA employee, was the one who pulled the unresponsive child from the water. A nurse, coincidentally present at the pool, immediately initiated CPR efforts, which she continued for ten minutes, but tragically, her attempts to revive King were unsuccessful.

In response to the devastating loss, prominent civil rights attorney Ben Crump, alongside co-counsel Mark Krudys, filed a $100 million wrongful death lawsuit on behalf of LaTaisha Johnson and King's sister, Khalil Hart. The legal action targets SwimRVA, its counselors, and its lifeguards, alleging gross and willful negligence. Attorney Crump stated that the case profoundly shocked his conscience and that he hopes it will serve to prevent similar future drownings.

The lawsuit details multiple failures in supervision and safety protocols. According to attorney Krudys, the pool was mandated to have at least two on-duty lifeguards, yet only one was present at the time of the incident. This lone lifeguard was reportedly not positioned to observe the shallow end of the pool, and the shallow-end lifeguard chair was found abandoned, a situation Krudys noted had occurred previously. Furthermore, Ms. Johnson specifically attributes blame to a large inflatable play structure situated in the center of the pool, which eyewitnesses claim obstructed the single lifeguard's view of the shallow end. Additional eyewitnesses from a separate group utilizing the pool reported observing multiple camp staff members engaged in conversation among themselves, rather than actively monitoring the pool area, just prior to the drowning.

A critical aspect of the lawsuit highlights that SwimRVA was operating without a required state license, a fact Ms. Johnson discovered after the incident. This lack of proper licensing meant that no state inspector had ever visited the camp to assess its safety standards or operational compliance. The Virginia Department of Education confirmed that SwimRVA's operations fell within the scope requiring such a license.

Attorney Krudys emphasized that if the camp had been properly licensed, a state inspector would likely have identified and addressed significant safety concerns, such as the large inflatable device anchored in the middle of the pool that obscured the lifeguard's line of sight. Following the tragic drowning, SwimRVA reportedly adjusted its operating hours in an apparent attempt to circumvent the state's licensing requirements. Despite the incident and the subsequent legal action, the facility continued its operations for the remainder of the summer season.

The harrowing details surrounding King's death underscore the severe alleged negligence. Attorney Krudys described the grim scene, noting that King’s lungs were filled with water, making him heavy, and that water and foam emerged from his mouth when he was pulled from the pool. The nurse who attempted resuscitation confirmed that his lungs were so saturated that she struggled to get oxygen into them. Adding to the distressing circumstances, a teacher from another group at the pool recounted hearing a man, believed to be a SwimRVA manager, inquire about canceling a swim meet while paramedics were actively attending to King in a nearby ambulance. This incident, and the subsequent $100 million wrongful death lawsuit, aim to hold SwimRVA accountable for the alleged failures that led to the preventable death of a child.

Lawyers should note the multiple grounds for negligence (inadequate supervision, obstructed views, abandoned lifeguard posts) and the severe financial exposure ($100 million) for recreational facilities. The operation of a camp without a required state license significantly amplifies potential liability. Compliance officers should review their organization's licensing status, staffing ratios, and safety protocols, particularly for facilities catering to children, to mitigate similar risks.

Source: Original reporting via Courthouse News Service