Vermilion woman sues over fenceless pool in which her son drowned
Brad Dicken | The Chronicle-Telegram
ELYRIA — The mother of a Vermilion toddler who drowned in a swimming pool is suing the owners of the house for more than $2 million.
The lawsuit, filed Wednesday in Lorain County Common Pleas Court, accuses Barry and Phyllis Anderson of negligence for failing to have a fence around their pool.
Issaiah Hasan, who was 20 months old, was found floating in the 4-foot pool on Lorain Drive on Sept. 8, 2006.
The boy’s father, Jameel Hasan, told emergency room doctors that he had fallen asleep watching Issaiah while the boy’s mother, Randi Krause, was out running errands.
Hasan estimated that he had been asleep for about 15 or 20 minutes and when he awoke, Issaiah was gone. He found him in the pool and jumped in to try to save the boy, but it was too late.
A neighbor and an off-duty firefighter who lived in the area also tried to save the boy.
Attorney Mike Duff, who represents Krause, said a city ordinance requires that pools be surrounded by fences.
“If there’d been a fence like the Vermilion law requires, the child would still be alive,” he said.
Vermilion Police Chief Robert Kish said his department investigated the drowning, but no charges were ever filed. The death was ruled accidental by Lorain County Coroner Paul Matus.
Contact Brad Dicken at 329-7147 or bdicken@chroniclet.com.
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Filed by Brad Dicken | The Chronicle-Telegram August 7th, 2008 in Top Stories.
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“The boy’s father, Jameel Hasan, told emergency room doctors that he had fallen asleep watching Issaiah while the boy’s mother, Randi Krause, was out running errands.”
The irresponsible piece of s**t…
…I’m sure they erected the pool while he was asleep and therefore had no knowledge of it’s dangers.
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The father — who is clearly negligent should have been charged with negligence. Instead, the unfortunate people whose pool this little boy drowned in are going to pay a hefty fine.
I hate to tell this little boy’s mother this … there isn’t any amount of money that will ever bring him back. There isn’t any amount of money that will ever stop the hurt.
Why is it that the real person at fault here isn’t being charged? The last I knew — if you weren’t watching your kids and something happend you were guilty of negligence? Am I missing something?
Just my two cents . . .
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EXCUSE ME !!! Who was the adult…. especially with a young child of that age…. Yes, the father SHOULD be charged with Negligent death… He is the one who should be up on charges…. and if there is no parental authority TAKE AWAY the other children…..I agree nothing will bring back that toddler…. They may need intense PARENTING classes, instead of suing the homeowner…
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again we have a parent not watching their child and now want to sue. Attorney states”had there been a fence” well had the father been watching this child the child would not have gotten outside.. This is a crock and the parents are responsible for this child’s death not the neighbors, I hope the neighbors counter sue, especially in civil court
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I totally agree with all of the above. This man fell asleep for 15 or 20 minutes while his 20 month old was running around unsupervised and they are blaming the neighbors for his death? Unbelievable! I guess this is the only way that they can live with the fact that THEY, not the neighbor are responsible for the child’s death. Maybe all that money can heal their conscience. Is the Mom suing the father too or is she still with him?
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As bad as i feel about the death of an infant……………
The law about putting a fence around a pool is precisely for this reason,To prevent accidents like this from happening.
Dad fell asleep.He didn’t intentionally go to sleep.If anyone here tells me they’ve never fallen asleep before they are a liar.
The fault sets on the individuals who neglected to comply with vermilion law and erect a fence around a pool area.I bet they put that fence up now!
My heart go’s out to the parents of this child.
The prior comments are ridiculous!!!!!!!!
Wake up people,Be glad this didn’t happen to you,and oh yes wether you believe it or not it very well could have.
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Both parties should be charged, the father for not protecting his child, and the neighbor for not having a fence, *that law has been around for forever*.
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Just have the neighbor put in a fence..and give them a fine enough of that.
The father shouldn’t be horse-whipped or anything… he has to live with the fact that he wasn’t watching his child, and because he wasn’t watching….. he basically killed his child by neglect. plust to have to hear the tantrum from the wife….. he’s going to suffer enough, but his child is still dead. this could have been avoided if the father was doing his job, the fence is only secondary…
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Are you kidding, falling asleep and a 20month old can get out of your house?? (Safety latches?) I would definitely get an attorney with initials JB and file a counter suit and then maybe they will duke it out in court.
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Don’t get me wrong, I’m very sorry that this little boy died.
But honestly, the father is to blame. So, okay, the neighbors are, by law, supposed to have a fence around their pool and they dont. I’m not saying that is okay. But let Vermillion deal with the people for not having a fence around the pool. It didnt become Jameel Hasan’s problem until HE fell asleep, and HE neglected to watch his child… and sadly folks, 2 million dollars will never heal the pain and suffering of losing your child.
Unfortuantely, sometimes, horrible things have to happen before people realize… DON’T LEAVE YOUR CHILDREN UNATTENDED!! And most of all, don’t post blame on someone else because you neglected to do your job as a parent.
**Strictly my opinion…
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Totally agree with EK8805 - and to add another thought, maybe the parents who lost this poor child could have contacted the city about the neighbors not having the fence up around the pool in the first place and this tragedy may not have happened.
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The child would have still benn alive if there had been a fence??!! Or, possibly he would have wandered into the street and been hit by a car. This father was negligent, and should have been charged as such. The owners of the pool should have been fined for not having a fence. Wow.
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I completely agree with Rhonda. I have a 3 almost 4 yr old son that would get out in a heartbeat If I fell asleep and he could. But he cant because the second I walk into our apartment I turn the lock and the latch to prevent him getting out or strangers getting in if I happen to be in the bathroom or have not waken up before he did. This father is 100% responsible fence or no fence. If he would not have drowned or been hit by a car then surely this child could have been kidnapped or worse.
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this is a matter of public record. I point this out because I know of these people threw mutual friends. I would also like to point out when I was leaving the international festival this year, I saw Jameel in handcuffs AGAIN.
Maybe if the parents where more responsible there child would be alive today. Don’t sue the neighbors so you can get rich for nothing, because you don’t want to work.
if you look below you will see the boy drowned just a few months after Dad was arrested for domestic violence.
Also mom has been sued five times by leasing companies. Maybe they need rent money ?
Again all just a matter of public record.
You can look it up yourself, at the Lorain municipal court website.
2 Concerning: Hasan, Jameel S
D.B.A./A.K.A.:
Filed: 11/02/2005
Arr. Agency: SLPD Case #: 0504373
Docket Entry: Click
Charge: DV M4
Case Type: Criminal
3 Concerning: Hasan, Jameel S
D.B.A./A.K.A.:
Filed: 10/11/2005
Arr. Agency: LPD Case #: 0506887
Docket Entry: Click
Charge: LEFT OF CENTER
Case Type: Traffic
4 Concerning: Hasan, Jameel S
D.B.A./A.K.A.:
Filed: 06/14/2006
Arr. Agency: SLPD Case #: 0601837
Docket Entry: Click
Charge: DOMESTIC VIOLEN
Case Type: Criminal
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Years ago a friend of mine told some teenage kids to stay out of his pond. Sure enough behind his back the kids went back into the pond and one of them drowned. Guess what the kids parents sued, but, justice prevailed, the judge threw the case out. Whatta ya supposed to do? Everybody with a pool put a 10 ft. electric fence around it? Any kid over 8 years old can climb a 4 ft. fence. More laws and ordinances cannot address every possible situation that could happen. The people who are suing are taking advantage of the fact an ordinance was not followed. You can bet the city has the ordinance only to cover their butts from liability, not for safety purposes. Dan S. your comments most often reflect common sense.
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The whole situation is sad….
But this is a “get rich quick” scheme…Parents are barely old enough to take care of themselves let alone children of their own, and it obviously shows they did not…
“If anyone here tells me they’ve never fallen asleep before they are a liar.”
This comment is preposterous…I fall asleep every night when I go to bed…but the only responsibility I have is a cat. You don’t just fall asleep when you are watching a 20 month old toddler, not to mention the child having access to the outside as well. If you aren’t awake enough to watch them, you call someone else to. Anyone who leaves their child in the car to “quickly run an errand” or just to run around the corner or to take a quick nap and that child ends up outside roaming the streets or something of the like, sorry, but they should be charged. No, I have no kids of my own but in the past I’ve dated people with children. When I was watching them, whether it was for an hour or 15 seconds, they went where I went. I mean, what other option is there?
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this shouldnt even make it to court,this is nothing more than a frivilous law suit,brought up by irresponsible “parents”.that should be held acountable for this travisty.They are just trying to shuck their responsiblities,and put blame on the neighbors,whom im sure, feel terrible enough,I dofeel bad for the parents,for their loss,but why turn this into an even worse tragedy by turning the lives of others upside down,i have seen so many infaltable swimming pools in my neighborhood,and noy one of them had a fence around them,if this indeed a city ordinance,then the city should let the other pool owners know the laws pertaining to the ownership and requirements of having an inflatable swimming pool,
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I hate to rain on your “I hate Jameels” parade, but the lawsuit is being filed by a person who had no control over what took place that day, and is being denied companionship and comfort from the dead child.
Jameel should have been charged with endangerment, but the cops in Vermilion thought the death was punishment enough.
Again, the piece of shit should have been charged.
The injured party suing was not home at the time of this “incident” nor was she in control of Jameel or the child by any other means.
This case will be settled out of court, in favor of the plaintiffs by the insurance company.
Regardless of the character of the mother and scumbag father, a child still died here and it may have been prevented if the Andersons had followed the law.
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Then the mother should be sueing the father instead of the couple who had the pool. The mother entrusted the child to his father’s care and instead he went to sleep. How many people have a pool and do not have a fence? But this is a get rich quick scheme.
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sounds like it should have been the father,instaed of the toddler,seems like he’s been many altercations with the law,why should other people be responsible for his livelyhood?!?!looking for a hanout and a free meal ticket for life,
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Hey Raven, as John Stossell would say gimme a break! It has nothing to do with the character of the mother or father. The mother sueing the father Scorpio? Maybe I should sue the gym I twisted my ankle at, eh? Does frivolous lawsuit mean anything?
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“Jameel” was simply practicing typical behavior. He can’t take the time to work and it’s apparent he can’t do simple tasks like staying awake watching his child. He and his punching bag will get money for failing in parenting. The mother failed by staying for his abuse. I feel sorry for neither one of them.
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It’s the way of America.
Yes, the neigbors should be in trouble for not having a fence. Yes, it contributed to the child dying. Are they suppose to be ostracized for that? No, they are not.
Am I correct in assuming that this is an inground pool? The article doesn’t really say for sure.
The mother — is looking for a get rich quick scheme. She is the typical american. She feels that the neighbors took something from her so the only way to heal the heart and hurt of americans is for millions of dollars.
Sadly, she will probably win.
I was hit by a drunk driver — her fault. HER 2nd OVI in 3 years … and guess how much money she paid me? $8,000. Doctor bills, attorney fees took $5,000. I ended up with $3,000 and I am permanently injured for life. And the doctor and the attorney even took “paycuts” on their bills so I would end up with a little bit of money.
Shows you how much justice is in this world.
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“Am I correct in assuming that this is an inground pool? The article doesn’t really say for sure.”
I had to think the pool was an above ground temporary pool, when the only description given was that it was a 4 foot pool.
If it was an above ground pool, do the fencing laws apply.
If not, why weren’t the pool’s owners cited?
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If it was an above ground pool then how did the child get into the pool? Did he have to climb a ladder? If he did … then how did he get to the ladder?
And I agree with Dan, why weren’t the pool owners cited if it is the law that any pool has to have a fence? These are obviously questions that need examined and answered. I think the Vermilion police department flubbed something up. I also think that the city of Vermilion is liable for not citing the homeowners.
When we were kids we had a Kayak pool. It was 5 feet deep and was above ground. The ladder was always up and locked — especially if we were not home.
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First off, and these are only my opinions, I feel sorry to the family for their loss, second, the father MUST be held respnsible for negligence, plain and simple. I feel sorry for the neighbors, not knowing the type of pool leaves alot wide open in this case. If it was a permanant pool, they would have had to get a permit, and should have been INSPECTED by THE CITY BUILDING DEPARTMENT to make sure it complied. There are just too many unknowns here except to say that the family sounds like it it just trying to make some $$ and not accept any blame. To the person who said “the father didn’t mean to fall asleep” well, do you THINK the neighbor MEANT to have someone elses child wander into to their yard unattended, climb up into a pool and drown? GET REAL!!
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Exactly!
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I’ve never known of a inground 4 foot pool and if the child was able to climb out of his window pushing the screen away he was probaly able to negotiate a small ladder.
I’m also pretty sure that unless it is small wading pool then in the city you have to have a fence.
This bothers me alot. Just a senseless tradgedy.
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I just read the other article where it states the pool was the property of the home the child was living in, not the neighbors! This whole thing is just bonkers!! Anything for a buck.
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These are shady, scandalous people THE WHOLE FAMILY. Anything for a quick buck, and a fix. Believe it.
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So I have a toddler myself. First of all for about $50.00 you can completely child proof your home. Now if the couple can’t afford the money to child proof their home they should not have children. There are baby gates, child locks, etc that could have prevented this. Also, what parent falls asleep with the child not secured in his bed. At 20 months the child more than likely is still in a crib. The father is not part of the lawsuit because he knows that there will be an investigation which will hold him accountable for his neglect. Someone should tell the mother that she will be investigated too. Nothing like standing in front of a jury and saying I went out while my baby daddy was so tired he was barely able to stay conscious and I opened a widow to the backyard where I know that there is a pool and too boot I took down the baby gate!!! I should be sueing these parents who are apparently a product of the welfare system for the money I paid to raise this child for the first 20 months of his life. I would have liked to see my investment in better hands!!! These parents should have to suffer the same fate as that poor little child whose only fault was being born to young irresponsible trash. By the way how much was the mother paying in rent…. Probably NOTHING because she was kindly given a roof over her head by her uncle’s inlaws. The owners of the house are not responsible for you to watch your child. She is obviously sueing because the insurance company was not giving her what she was seeking. Should have taken the insurance money baby because if this case actually makes it to trial you will be SOL. I also did a search of birth records and the most unfortunate thing is that these two parents had another child after their first died!! There really should be licensing on this because now these parents have another child to raise. Maybe this one will make it to 24 months before they are neglent and trie to sue again. The mom is trash of the worst kind. I hope the authorities take her newborn in time before something happens to this baby.
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Ummm… that was a nasty little rant. Do you feel better smartie?
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