Lifeguard Arrested After Saving Drowning Boy's Life; Parents Filed Lawsuit

A lifeguard saved a 5-year-old boy's life when he saw him drowning in a swimming pool. Despite his heroism, police said he did not act quickly enough and charged him with a crime. The boy's parents also filed a civil lawsuit against him seeking monetary damages.

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In 2018, Ahmed Khattak and Maha Shehzad Ashraf enrolled their son, Adam,5, in a sports program at a Chelsea Piers athletic complex in New Canaan, Connecticut. Ashraf informed the staff that Adam could not swim.

Adam and the 10 other kids enrolled in the program took a break from instruction and hopped in the swimming pool. Within seconds, he had drifted toward the deep end of the pool, where the water was over his head.

He began to flail his arms and gasp for air as he struggled to keep his head above water. He eventually began to drown.

Four minutes and 39 seconds later, lifeguard Zachary Stein, 23, noticed the drowning boy. By then, Adam had stopped breathing and went into cardiac arrest. 

Stein jumped in the pool, removed Adam from the water, and performed CPR, reviving him and ultimately saving his life.

Adam was transported to Stamford Hospital and airlifted to Yale New Haven Hospital. He spent several weeks recovering at the facility before doctors discharged him home. 

Stein Arrested

Police charged Stein with risk of injury to a minor and reckless endangerment. Despite his September 2017 plea of not guilty, Judge Gary White found him guilty.

“If he performs like that as a lifeguard, we are better off not having him as a lifeguard,” the judge said.

The judge sentenced Stein to complete a two-year diversionary program and dismissed the charges from his record after successful completion. He also barred Stein from ever working as a lifeguard again.

Lifeguards at the athletic complex are supposed to abide by the 10-10 rule, which means they can spot someone drowning within 10 seconds and reach them within 10 more seconds. Stein walked around his assigned perimeter, but didn’t notice Adam for nearly 5 minutes. He was not distracted by a phone or other objects. Stein's lawyers asserted that while he should have responded sooner, he reacted immediately when he saw the situation and saved the child's life.

Parents File Lawsuit Against Stein

Adam’s parents filed a civil lawsuit against Stein seeking monetary compensation.  In the suit, they claim Adam sustained “long-term injuries” that will require future medical care. They also claim the accident caused them and Adam severe emotional distress.

The outcome of the civil lawsuit is unavailable.

What Do You Think?

Do you think Stein should have been criminally charged? What are your thoughts about the civil lawsuit? Do you believe Stein should have been watching the children more closely? Does the arrest send the wrong message to other people who may encounter a life-or-death situation? Weigh in!

Sources:

https://www.stamfordadvocate.com/policereports/article/Lifeguard-to-get-diversionary-program-in-Stamford-12944425.php

Thanks for reading this story.

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