--- title: Huge Verdict for Family in Drowning Lawsuit description: Learn about the drowning death of a child in a summer park program. This tragedy highlights the importance of safety measures in swimming programs. image: https://www.thesilverlining.com/hs-fs/hubfs/NSI%20Photos/swimming%20pool.jpeg?width=300&name=swimming%20pool.jpeg --- [![West Bend Insurance](https://www.thesilverlining.com/hs-fs/hubfs/HS%20TEST%20LOGO.png?width=233&height=65&name=HS%20TEST%20LOGO.png "West Bend Insurance")](https://www.thesilverlining.com) ![toggle mobile navigation](https://www.thesilverlining.com/hs-fs/file-1692861603-png/images/nav-toggle.png) [![West Bend Insurance](https://www.thesilverlining.com/hs-fs/file-1696307430-png/images/logo-west-bend.png)](https://www.thesilverlining.com/) [Find An Agent](https://www.thesilverlining.com/find-an-insurance-agent) ![](https://www.thesilverlining.com/hs-fs/file-1939610327-jpg/website_images/smart-business-blog-banner.jpg) # Huge Verdict for Family in Drowning Lawsuit Posted by [Kayla Eggert, AINS, ARM](https://www.thesilverlining.com/businessblog/blog/author/kayla-eggert) on Sep 10, 2020 2:07:54 PM [![Share on facebook](https://www.thesilverlining.com/hubfs/social-icons/facebook-blue.svg) ](http://www.facebook.com/share.php?u=https://www.thesilverlining.com/businessblog/blog/huge-verdict-for-family-in-drowning-lawsuit?utm_medium=social&utm_source=facebook) [![Share on linkedin](https://www.thesilverlining.com/hubfs/social-icons/linkedin-blue.svg) ](http://www.linkedin.com/shareArticle?mini=true&url=https://www.thesilverlining.com/businessblog/blog/huge-verdict-for-family-in-drowning-lawsuit?utm_medium=social&utm_source=linkedin) [![Share on twitter](https://www.thesilverlining.com/hubfs/social-icons/twitter-x-blue.svg) ](https://twitter.com/intent/tweet?original_referer=https://www.thesilverlining.com/businessblog/blog/huge-verdict-for-family-in-drowning-lawsuit?utm_medium=social&utm_source=twitter&url=https://www.thesilverlining.com/businessblog/blog/huge-verdict-for-family-in-drowning-lawsuit?utm_medium=social&utm_source=twitter&source=tweetbutton&text=) [![Share on pinterest](https://www.thesilverlining.com/hubfs/social-icons/pinterest-blue.svg) ](http://pinterest.com/pin/create/button/?url=https%3A%2F%2Fwww.thesilverlining.com%2Fbusinessblog%2Fblog%2Fhuge-verdict-for-family-in-drowning-lawsuit%3Futm_medium%3Dsocial%26utm_source%3Dpinterest&media=) A [record-breaking verdict](https://abc7chicago.com/michal-duda-drowning-bridveview-death-lawsuit/4837279/) was recently handed down in an Illinois civil lawsuit involving the drowning death of six-year-old Michal Duda. After deliberating only an hour and 20 minutes, jurors awarded the family of the child 21.5 million dollars. This is the highest verdict for a drowning in the state of Illinois. It’s also among the highest for the death of a child in the state. So what happened to warrant such a large verdict? The six-year-old was enrolled in a summer camp program through the parks district. The counselors in his program knew he couldn’t swim, as he had failed a swim test just a few days earlier. When the campers arrived at the pool facility, Michal should have been sent to the wading pool, which was very shallow. Instead, he wandered into the main pool which was deep enough to be over his head. ![swimming pool](https://www.thesilverlining.com/hs-fs/hubfs/NSI%20Photos/swimming%20pool.jpeg?width=300&name=swimming%20pool.jpeg) Video at trial showed the camp counselors in charge of Michal’s group in the locker room, not out with the children in the pool. No one noticed as Michal struggled and eventually sank to the bottom of the pool. He was found 10 feet from the edge with no flotation device. Resuscitation efforts were unsuccessful. Michal left behind his parents and two siblings, one of which was his twin sister, who were devastated by his death. ## Lessons Learned Clearly a lot of things went wrong in this tragedy. Even though [the child was swim tested ](https://www.thesilverlining.com/businessblog/blog/keeping-pools-safe-with-swim-tests), the fact that he couldn’t swim wasn’t communicated to the lifeguards on duty or taken seriously enough by the counselors. He wasn’t [provided with a flotation device](https://www.thesilverlining.com/businessblog/blog/life-jackets-in-pools), which would have helped keep him safe in the larger pool. And, most importantly, he wasn’t properly supervised by both his counselors and the lifeguards. The camp counselors should have been out on the pool deck, if not in the water with the kids, making sure they were safe. And the lifeguards should have noticed that Michal was struggling once he went into the main pool and rescued him immediately. All of this must have factored into the jury’s decision-making. Tragedies like this can be avoided if children are properly supervised while swimming.   **Topics:** [Aquatics](https://www.thesilverlining.com/businessblog/blog/topic/aquatics), [Legal](https://www.thesilverlining.com/businessblog/blog/topic/legal), [Youth Programs](https://www.thesilverlining.com/businessblog/blog/topic/youth-programs) If you’re a content writer and would like to contribute to our blog, click [here](https://www.thesilverlining.com/content-contributor-agreement) to read our guidelines. ![Kayla Eggert, AINS, ARM](https://www.thesilverlining.com/hubfs/images/Kayla-Eggert-blog-author.jpg) #### Kayla Eggert, AINS, ARM Kayla Eggert began her insurance career at West Bend in 2014 as an underwriting tech, but quickly moved into the Loss Control department as a loss control assistant. There she created content and resources while supporting loss control field representatives. In 2019, she was promoted to loss control representative, and her primary responsibilities included meeting with business owners onsite and providing safety/risk management training and services. Since accepting a new opportunity in Marketing as a marketing services specialist in 2020, she has authored many blogs as a loss control expert. She now heads up content creation, collaborating with team members to educate our policyholders and the public. Kayla graduated from the University of Wisconsin–Madison with a bachelor’s degree in human development and family studies. During her time with West Bend, she’s earned the Associate Insurance Services (AINS) and Associate in Risk Management (ARM) designations. In her spare time, Kayla enjoys spending time with her family, running, and reading. 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