Found Deceased FL - Rakim "Tuda" Akbari, 3, Autistic, wandered away from a resort in 8800 block Palm Village Circle, Orlando, 18 Jul 2024

missing child

According to a post from OCSO, Rakim Akbari, who has autism, was wearing white pajama pants and a maroon shirt when he was last seen in the 8800 block of Palm Village Circle.

The resort is located near State Road 535 and World Center Drive, which is in the Disney area.
 

ORANGE COUNTY, Fla. – A wrongful death lawsuit has been filed by a parent of a 3-year-old boy who was found dead earlier this year in a body of water at an Orange County resort.

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The lawsuit — filed on Thursday by Tarina Akbari with co-counsel from the Haggard Law Firm and Ben Crump Law — demands a jury trial for damages in excess of $50,000 in Rakim Akbari’s death, stating the 3-year-old drowned in a retention pond at Sheraton Vistana Resort Villas.

The suit names Marriott Vacations Worldwide Corporation, Vistana Management, Inc., Vistana Development, Inc. and Vistana Spa Condominium Association, Inc. as defendants.

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More at link.
 
I completely understand grief and wanting someone to blame, but I'm not understanding how this would be the fault of the resort. Bodies of water are deadly dangerous to autistic children, we've seen that more this year than we've ever cared to. YOU.MUST.WATCH.THEM.LIKE.A.HAWK. around water. Get them swimming lessons to the extent they're able to participate- one of the kids I care for is profoundly autistic and still can swim enough to give an adult time to get to her, because she was taught. I can't imagine what this mother is going through, but IMO suing the resort isn't going to fix it.
 
I am not a lawyer, so I have no idea how any of this works, but if I was this family I'd be terrified the resort would turn around and accuse me of negligence and then my other children could be removed or I could be sued. The article implies that the ponds weren't properly up kept/monitored/maintained. Couldn't the resort claim the same regarding the supervision of the child? I am not pointing fingers at the family, but it doesn't seem like this court case is productive or appropriate.
 
To me, the suit has no merit. Every developer is required to add drainage and it’s usually a small pond. It’s not the developers fault, the resorts fault, the landscapers fault or any employees fault.

Responsibility lies solely with the parents or assigned caregiver. I suspect they’re looking for a monetary settlement since it’s only $50,000. If the resort were truly at fault, the parents would ask for way more money. I’m surprised they found an attorney willing to file a case. Highly likely it will get tossed. JMO
 
In the text, the defendants are accused of negligence. It’s alleged therein that the owners, management and operators of Sheraton Vistana Resort Villas “owed a duty to (Rakim Akbari) to exercise reasonable care in keeping (their) retention ponds in a reasonably safe condition for the safety of all persons lawfully (at the resort).”

The lawsuit claims that the defendants allowed dangerous and defective conditions on resort grounds via a retention pond that was only partially secured and had a dangerous side slope “thereby increasing the risk of drowning posed to children.” Further, the suit states the defendants failed to monitor the retention pond, commission routine inspections of it or maintain it “in conformity with the minimum design specifications that were submitted to, and approved by the water management district.”
 
To me, the suit has no merit. Every developer is required to add drainage and it’s usually a small pond. It’s not the developers fault, the resorts fault, the landscapers fault or any employees fault.

Responsibility lies solely with the parents or assigned caregiver. I suspect they’re looking for a monetary settlement since it’s only $50,000. If the resort were truly at fault, the parents would ask for way more money. I’m surprised they found an attorney willing to file a case. Highly likely it will get tossed. JMO
They demanded an amount in excess of 50k. Generally there is a statutory amount that you have to claim at minimum to be eligible for non arbitration or non small claims or a jury trial, which can be anywhere from 10k to 75k - in that area. Most cases won’t say specifically in their complaint how much the plaintiffs want, just that it’s in excess of that statutory amount, which is what they did here.
 

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