You're putting people right into a confined lineup with a shallow concrete bottom. There's no barriers to entry. Plus, you're adding booze into the equation.
(Editor’s note: Was New Jersey surfer Fabrizio Stabile’s death at the celebrated Waco wavepool in 2018 caused by negligence and the matter covered up, as alleged by his family in their ongoing wrongful death lawsuit? Today, in part four, click to read parts one, two, and three, a former employee describes a new two-million dollar filtration system and an owner oblivious to any previous danger.)
After shutting down in October 2018, BSR reopened its doors on March 22nd, 2019, claiming improved water quality and a new wave.
The pool is no longer dyed cotton candy blue and now boasts a “state-of-the-art” filtration system built and implemented by Water Tech Solutions and approved by the Texas Department of State Health Services and the Waco-McLennan County Public Health District.
According to the Waco Tribune-Herald, the filtration system cost $2 million.
The pool reportedly has additional measures to ensure filtration. An added lagoon helps with filtration, and Royal Wiseman, a general manager, has called the water “drinking-water quality.”
The pool still receives its water from the “craters:” thirty-foot-high mounds of dirt that store the water and act as cooling towers.
According to a former BSR employee, as of the 2019 season, those craters were not tested or treated.
“When BSR had their own independent study, last year [in 2019], after we had filtration . . . they decided that after that we would no longer treat or test the water in the craters. No one was supposed to go to the craters after that. The way the craters were set up . . . made it just like a petri dish for microbial life. Nobody treats it or tests it anymore. We don’t go up there. We open the valves, but we don’t go up there. Or that was the rule [in 2019].”
The purported sale of BSR is still pending. The court heard oral arguments concerning that order on November 4, 2020.
There is little end in sight for the litigation. The court order stopping the sale is still on appeal and it’s unclear when the Texas Tenth Court of Appeals will make a ruling.
Once there is a decision, the case will be remanded to the McClennan County District Court for a final judgment, though the American legal system isn’t particularly well known for its efficiency, and the COVID-19 pandemic has only slowed the courts.
Settlement doesn’t seem likely either.
The parties rejected a mediation order in March 2020, and the litigation has become increasingly hostile.
The pool is currently open for business. There have not been any additional reports of Naegleria fowleria.
It’s quite easy to villainize in these types of stories, but it’s important to note that the park’s owner Stuart Parsons Jr seemed oblivious to the danger.
Before Stabile’s death, his children used to go play at the surf pool.
A former BSR employee said about Parsons: “He had never considered possibilities of that water being dangerous to the point that his kids were in the water as much as anyone else. You’d get there in the morning after the beach was raked at night and there’d be three or four little sets of footprints where him and his kids had been playing on the beach.”
Fabrizio’s won’t be the last death at a surf pool.
You’re putting people right into a confined lineup with a shallow concrete bottom. There’s no barriers to entry. I have no business surfing some of the new slabs, but because I can competently trim I can “paddle out” there.
And then I hesitate on that slab and go over the falls head first into the concrete bottom.
Plus, you’re adding booze into the equation. When I’m too drunk to surf I won’t make the paddle out at my local, but I could definitely wade out into a pool.
Skiing is a mess of negligence. My guess is the wave pools will follow.
Your comments are still here. Every one of them.
Twelve years of BeachGrit comments came across from Disqus. Connect and we will show you how many are yours. We get your username, nothing else.
Connect Disqus to reveal.
Let’s see what the court says.
People are judge jury and executioner these days
Keith Malloy has aged poorly.
I would venture to say that people in Texas don’t wash their faces.
Don’t places like this have some sort of release of liability that you sign or agree to on entering?
Yeah, but they only go so far. You generally can’t relinquish your rights to sue if there’s negligence.
Those forms tend to do more to detract people from suing than they are legally binding.
They are basically a subtle legal intimidation tactic then? Interesting and good to know
Depends, but generally yes, though I should advise that I wouldn’t take legal advice via BeachGrit.
Why not? Clearly I dont have much going on in my life, what do i have to lose?
If you sloppy little bitches don’t mention the fact that Texas municipalities can’t keep this out of their drinking water you’re no better than Alex Jones. WTF, it’s like you live in some pathetic OC/AUS surf bubble and haven’t read anything but Instagram and Surfer mag for 20 years. Oh, yeah, sorry, I forgot where I was.
https://www.cnn.com/2020/09…
You really gotta stop snorting the water bro
You can’t get sick from drinking it, that’s why I didn’t include.
And what do all those people take baths and showers in?
Sorry to pop off, I thought you were one of the lazy/sloppy owners/founders. At the pay grade we can’t expect NYT-level from this site. But really, this feels pretty one-sided. Was BSR negligent? Maybe. Could that kid have gotten it from the hotel shower? Also a strong maybe.
As to the head injuries, go to a water park. Actually, look back at a water park from the ’70’s and ’80’s. Liability is a feature of those places.
A big-city Michigan lawyer went duck hunting in rural France. He shot and dropped a bird, but it fell into a farmer’s field on the other side of a fence. As the lawyer climbed over the fence, an elderly farmer drove up on his tractor and asked him what he was doing. The litigator responded, “I shot a duck and it fell into this field, and now I’m going to retrieve it.” The old farmer replied, “This is my property, and you are not coming over here.” The indignant lawyer said, “I am one of the best trial attorneys in the U.S. and, if you don’t let me get that duck, I’ll sue you and take everything you own.” The old farmer smiled and said, “Apparently, you don’t know how we do things in France. We settle small disagreements like this with the French Three-Kick Rule.” The lawyer asked, “What is the French Three-Kick Rule?” The Farmer replied, “Well, first I kick you three times and then you kick me three times, and so on, back and forth, until someone gives up.” The attorney quickly thought about the proposed contest and decided that he could easily take the old codger. He agreed to abide by the local custom. The old farmer slowly climbed down from the tractor and walked up to the city feller. His first kick planted the toe of his heavy work boot into the lawyer’s groin and dropped him to his knees. His second kick nearly wiped the man’s nose off his face. The barrister was flat on his belly when the farmer’s third kick to a kidney nearly caused him to give up. The lawyer summoned every bit of his will and managed to get to his feet and said, “Okay, you old bastard! Now, it’s my turn!” The old farmer smiled and said, “No, I give up. You can have the duck!”
Your best yet.
Vous avez pris cela de bonne humeur Cedar, je vais maintenant m’arrêter. Meilleurs vœux!
Ahh I enjoyed it.*
Best wishes to you too my friend.
*this is written with the assumption that Google Translate works
Don Rickles told this joke 4 decades ago…
When too drunk to Fuck
Surf, Skate, Drive, Shoot, Crawl, Walk, Run
Not too drunk to Pool
Do you find yourself conversing in Haiku form with people on the street?
The Haiku is habit forming.
I’ve been in lockdown
For most of the fucking year
I don’t know people
People with multiple personality disorder are never alone in a Covid lockdown. Lucky them, and them.
Not too bad up until this one Hobbsy. This reads like someone who has a vendetta against BSR or Parsons.
Ah, poor writing on my part then. Not at all what I intended.
As I wrote, I don’t think Parsons knew any better. He used to let his children go in there and play.
I disagree respectfully Mr/ Ms “Barrelled”, I didn’t think it was terribly poisonous towards BSR, and far be it for Beachgrit to shy away from a smear campaign.
skiing is a mess of negligence? when you can get a solid payout for spilling your hot beverage on your balls and blaming someone else for you own incompetent actions, it is only going to encourage lawsuits. I have done no research to back this up, but I would guess this is not really an issue in most countries.
this is no way having a go at Fabrizio. just thought you were using a pretty broad brush with your comparison.
I’m not sure where it went that way, just got that feeling by the end. I’m sure the guy wasn’t intentionally putting people at risk. He basically rolled the dice on the wave pool and won the lottery. Probably had no idea what the hell to do or how to do it.
I gotcha.
Actually, this is the one where he sort of lets them off the hook, saying this kind of tragedy is kinda inevitable and not just a ignorance/negligence thing (sort of.)
“Cedar Hobbs”, “Royal Wiseman”, “Fabrizio Stabile”, “Stuart Parsons Jr”….is this a Damon Runyon story?
That cotton candy blue is way less toxic than Democrat blue
Apparently that amoeba has infiltrated the groundwater there in Texas and because it’s safe to drink the water with the amoeba, just not get it in your nose, authorities aren’t particularly concerned about eradicating it.