Published on: November 25, 2024, 12:44h.
Last updated on: November 25, 2024, 12:44h.
The family and estate of a man who passed away last year due to drowning in a swimming pool on the Las Vegas Strip has initiated a wrongful death lawsuit against the casino resort.
Paul Nakashima, from Burnaby, British Columbia, was in Las Vegas celebrating his 60th birthday with family and friends in June 2023. Tragically, his vacation took a turn for the worse when he was found unconscious in the Excalibur Hotel & Casino swimming pool.
According to the lawsuit filed in Clark County Court by Nakashima’s estate and his sisters Sandra Waithe and Ruth Nakashima, the incident occurred on Friday, June 16, 2023, after Nakashima slipped and hit his head in a shallow part of the pool.
The lawsuit alleges that the lifeguard on duty did not check on Nakashima after the accident. Eventually, guests noticed him floating underwater around 4:20 pm local time. They alerted the lifeguard, who then attempted to rescue him from the pool.
Despite resuscitation efforts by a guest with CPR knowledge, Nakashima could not be revived. He was rushed to Spring Valley Hospital Medical Center, where he was pronounced dead upon arrival.
Legal Action for Negligence
Doctors informed Nakashima’s family that he had been without oxygen for at least 45 minutes and had suffered irreversible brain damage.
The estate and family of Nakashima are seeking a jury trial, accusing New Castle, LLC, operating as Excalibur, of negligence in maintaining a safe pool area and providing an inadequate emergency response. The lawsuit demands $15K in compensation from the Las Vegas casino for failing to properly train its lifeguards, as mandated by the Aquatic Facility Regulations of the Southern Nevada Health District.
The incident occurred at the Excalibur Court Pool, one of four pools on the casino’s outdoor deck.
In his obituary, Nakashima was described as a poker enthusiast who enjoyed traveling to destinations like Hawaii and Mexico, in addition to Las Vegas. He worked as a security officer at the Vancouver Convention Center.
Understanding Drowning Cases
The National Drowning Prevention Alliance reports over 4,500 unintentional drowning fatalities annually in the US. Drowning is known to occur swiftly and silently, sometimes within just 20 to 60 seconds.
Drowning ranks among the leading causes of accidental death. Most instances of adult drowning happen in natural bodies of water such as lakes, rivers, and oceans. Drowning incidents in pools often involve slips, falls, or other accidents resulting in head injuries, medical emergencies, or impairment due to substances like alcohol and drugs.
Nevada’s drowning mortality rate of 1.45 per 100,000 individuals exceeds the national average of 1.31 per 100,000 people.