Tomas’ parents, Marcela Pizano and Jorge Barreto allege a lifeguard should have been required at the club’s pool. When originally licensed for only club members, Timberhill was not required to hire a lifeguard. However, the parents maintain this should have changed when the club opened the pool to the general public for a fee, and certainly when it later installed a larger slide.
Beyond suing Timberhill Athletic and several of its employees, the suit also seeks damages from Benton County and the state. The parents allege the Oregon Health Authority and Benton County Environmental Health should noted the increased access and larger slide during inspections, and required a lifeguard.
The lawsuit alleges video footage of the scene shows the boy struggling for several minutes after taking the slide, before succumbing. The video reportedly also shows the boy floating motionless for many minutes after that, until guests at the pool made club personnel aware of the incident.