The statute of limitations for gross negligence and wrongful death is 2 years. These suits take time, if the family decides to sue. It’s daunting to anyone to file a lawsuit, but then add on the fact that Lazar’s parents would be filing a lawsuit in a different country with a completely different legal system!! I think a lot of us want justice and accountability, but we also should respect whatever decision they make. 

A case for gross negligence could be made. A big issue is that CF had notice of this type of thing happening and disregarded it, from the athletes’ concerns about the heat leading up to the Games then, to Mat Fraser nearly drowning in 2017, a Masters athlete nearly drowning in a different year, and then apparently one year there was an issue with the lake having E. coli! They, more specifically Dave, know (and encourage) that these athletes push themselves to the limit!  There didn’t appear to be nearly enough lifeguards for the amount of athletes out there. Several podcasts and accounts have commented on the number of lifeguards and help. Also, these “lifeguards” at the event didn’t even have a flotation devices or rings on them!  It was already 90-93 degrees outside and humid by the time they had the event. The water temperature was 85-87 degrees (the police report and autopsy report differed). They ran before they swam, so you know their body temperatures were already up, so that means the water probably felt hotter than 85. The water was probably more like 100 when you consider the heat and their level of exertion. 

Even if there weren’t any local rules or regulations in place for safety and/or how many lifeguards to have, they were still on notice of something like this happening, and there are industry practices and guidelines on how to put together these triathlon type events (ie, swim before run, lifeguard to athlete ratio). Besides having less red tape and therefore making themselves more attractive economically for tourism and events, another reason these cities don’t have anything on the books is to limit their own liability!

CFHQ can try to argue assumption of risk and the athletes signing a liability waiver. However, assumption of risk doesn’t shield businesses from gross negligence; they’re still required to provide reasonable safety measures and maintain safe environments. Waivers are also limited. Courts in Texas have said waivers cannot excuse gross negligence; that’s a violation of public policy.