Legal Analysis By Attorneys
Breaking Legal News
WESH 2 Investigates has uncovered disturbing video footage from a home security system that captures crucial moments leading to the drowning of a 5-year-old boy. The footage supports his father’s claim that the boy slipped through a loosely chained opening in a side fence at Senses Park, a facility designed for children on the autism spectrum located at 2296 Camelia Dr, Kissimmee, FL 34743.
On November 13, Arturo was found in a water-filled ditch just a few hundred feet from Senses Park in Kissimmee. His father, Leonard Angarita Sr., was attending to his older son, Leo Jr., when Arturo, who was mostly non-verbal and also on the autism spectrum, wandered off. Leonard described his son as a joyful and loving child, stating, “He was always smiling, always laughing... unfortunately, God wanted his angel back.”
The video showed Arturo playing near his father and brother around 1:21 p.m. Before disappearing, he can be seen walking around the playground. Just before 1:30 p.m., footage captures him near the side gate behind a car, running toward the ditch where he was later discovered. At that time, his father and brother were approximately 80 yards away.
Following the tragic event, Leonard was seen frantically searching for his son and calling for help. The Osceola County Sheriff’s Office has classified the death as an accidental drowning.
In response to the incident, park maintenance has taken swift action by double-padlocking and chaining the fence. However, concerns remain about the park's overall safety. A local parent noted issues with the front gate, which appeared to be malfunctioning. He emphasized the need for improvements to ensure children cannot easily enter or exit the park unsupervised.
While Senses Park is owned and operated by Osceola County, officials have refrained from commenting on the circumstances surrounding Arturo's death or the safety of the park. At a recent County Commission meeting, spokesperson Mark Pino stated that no one would address questions related to the park's safety changes, citing the possibility of legal action from the Angarita family.
The tragedy has raised significant concerns about safety protocols at facilities designed for vulnerable children, leaving the community searching for answers and assurance that similar incidents will be prevented in the future.
In the aftermath of heartbreaking incidents like the drowning of a 5-year-old autistic child, families often face overwhelming grief alongside complex legal questions. To provide clarity and guidance, we spoke with Mike Haggard, an experienced Florida attorney specializing in cases involving negligence and wrongful death. He shares vital information on the legal options available to families dealing with the tragic loss of a loved one due to drowning accidents.
Editor Darla Medina: What legal options do families have when dealing with a drowning accident like this?
Attorney Mike Haggard: Families can explore several avenues, including filing a wrongful death lawsuit if negligence is involved. This could pertain to unsafe conditions at a public park or inadequate supervision.
Medina: When should a family consider filing a lawsuit?
Haggard: It's important to act quickly. Generally, families should consult with an attorney as soon as possible after the incident. Florida has a statute of limitations for wrongful death claims, typically within two years, but gathering evidence and understanding the circumstances is crucial.
Medina: What factors do you consider in determining negligence?
Haggard: We look at whether the property owner failed to maintain safety standards, such as proper fencing or signage, and whether there was reasonable supervision for children in the area. Each case is unique, and thorough investigation is key.
If you or a loved one has been affected by a drowning incident, know that you don’t have to face this challenging time alone. Our team is here to provide compassionate legal guidance and support. Contact us today for a free consultation to discuss your situation and explore the options available to you. Your family's well-being is our priority, and we are committed to helping you seek the answers you deserve.
info@legalherald.com