Hotel blames mom for 8-year-old’s drowning
The owner of the Doubletree by Hilton Houston denies any wrongdoing in the March 23 drowning of 8-year-old Aliyah Jaico and says her mother’s negligence led to her death, according to court records.
The family of the young girl reported her missing and first responders found her hours later in the pipe of a lazy river pool feature at Doubletree by Hilton Houston Brookhollow.
Unique Crowne Hospitality LLC, the hotel owner, says the family “engaged in negligent acts and/or omissions that proximately caused the alleged injuries and damages,” court documents read.
The Chronicle reported at the time that Jaico’s family last saw her swimming in the hotel pool. When they discovered her missing, the family contacted police around 5:45 p.m.
According to Houston police spokesman John Cannon, authorities began searching her last known location and video footage showed Aliyah going underwater. After draining the pool, authorities discovered her “wedged in the pipes of the malfunctioning pool equipment.” To reach Aliyah, authorities had to use cameras to search pipes in the hotel’s pool and lazy river feature.
The hotel owner “is not liable to plaintiffs, because plaintiffs’ damages, if any, were caused by the acts or conduct of third parties for which UCH had no control or right of control and for whom UCH has no responsibility,” court documents read.
Jose Daniela Jaico Ahumada filed a wrongful death lawsuit against Doubletree by Hilton Houston Brookhollow for more than $1 million. In the lawsuit, Ahumada alleges the hotel chain didn’t provide a safe place to swim, adding the business failed to inspect the area where the deadly incident took place by not putting barriers up preventing someone from getting pulled into the pool’s suction equipment.
“Defendant had actual, subjective awareness of the risk involved, but nevertheless proceeded with conscious indifference to the rights, safety, and welfare of minor decedent with an intentional state of mind,” court documents read. “Such gross negligence was a proximate cause of Minor decedent’s death and Plaintiff ’s resulting damages. Therefore, Plaintiff is entitled to punitive/exemplary damages.”
Aliyah’s mother sued the hotel chain for compensation for medical, counseling, funeral, burial and court costs as well as for the “loss of a daughter’s love, affection, advice, counsel, care consortium, protection, services, attention, society and companionship.”
An investigation by the Houston Health Department found that the lazy river had gates that opened toward the pool area, a fence that was too short, and a gate with openings that were too wide. The hotel received orders to close the pool, so management could correct the violations, the Chronicle previously reported.
In Unique Crowne Hospitality LLC’s response to the lawsuit, they “request for exemplary damages based upon harm resulting from UCH’s alleged gross negligence must be proven by clear and convincing evidence and a unanimous jury finding.”
“UCH seeks a reduction of any damages that may be awarded against it by the percentage of responsibility found by the jury as to plaintiffs, settling parties, responsible third parties, and/or anyone else,” court documents read.