Inset: Rakim Akbari (Orange County Sheriff’s Office/Facebook). Background: The retention pond where Rakim Akbari’s body was found (WESH/YouTube).
The mother of a 3-year-old boy who “wandered away” from a Florida hotel where his family was staying and then was found dead in an on-site retention pond has filed a wrongful-death lawsuit against Marriott Vacations Worldwide Corporation, the resort’s owners, for allowing “dangerous conditions” to exist at the Orlando property — “thereby increasing the risk of drowning posed to children,” the suit says.
“Defendant owed a duty … to exercise reasonable care in keeping its retention ponds in a reasonably safe condition for the safety of all persons lawfully on the premises,” Tarina Akbari charges in her complaint, which was viewed by Law&Crime after being filed on Dec. 26 by the Haggard Law Firm and Ben Crump Law on behalf of Akbari’s son, Rakim Akbari, who was found dead on July 18 at the Sheraton Vistana Resort Villas in the 8800 block of Palm Village Circle.
“The Defendant breached its non-delegable duty to maintain these premises in a reasonably safe condition,” the complaint says. “Dangerous conditions existed for a sufficient period of time such that a reasonable person and/or corporation … its agents, servants, and/or employees, knew or should have discovered and corrected.”
Police reported in July that Rakim, who had autism, “wandered away” from the Sheraton sometime that Thursday morning. “There is extreme concern for his well-being,” the Orange County Sheriff’s Office wrote on Facebook after Rakim, who also went by “Tuda,” was reported missing by his mother. “He was wearing white pajama pants (with a little red and green) and a maroon shirt when he was last seen this morning,” the sheriff’s office said.
The sheriff’s office later issued a press release stating that the boy had died in an “accidental drowning.”
“I never thought in a million years that they’d be pulling my baby’s body out of a pond,” Akbari told local CBS affiliate WJAX after her son was found. “He was so sweet and loved water. When he was going to come back, I wanted to put him in a swimming class.”
Akbari, who is described as “a personal representative” for her son’s estate, filed her lawsuit Thursday in Orange County circuit court and named Vistana Management, Inc., Vistana Development, Inc. and Vistana Spa Condominium Association, Inc. as defendants in addition to Marriott. The Jacksonville mother is seeking damages in excess of $50,000 for “past and future mental pain and suffering,” the past and future loss of Rakim Akbari’s “support and services” from the date of his death to his “statutory survivors,” expenses of funeral arrangements, loss of the decedent’s “prospective net accumulations” and loss of inheritable estate.
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In her suit, Akbari claims Marriott and Vistana Management allowed “a dangerous and defective condition” to be created and to remain on the premises at the Sheraton, which she says was the retention pond. Her lawyers allege that the pond was “only partially secured” and had a “dangerous side slope, thereby increasing the risk of drowning posed to children on the premises.”
The resort companies, according to the complaint, allegedly failed to comply with “mandatory regulations” pertaining to the maintenance of the retention pond, “including but not limited” to those proscribed by the local water management district and Florida administrative code. They also allegedly failed to maintain the retention pond “in conformity with the minimum design specifications that were submitted to, and approved by the water management district,” the complaint adds.
On top of that, the suit calls out resort management for “failing to actively monitor the retention pond” and “failing to warn residents and guests that the retention pond was dangerously not in compliance with mandatory safety regulations.” Attempts by Law&Crime to reach Marriott and Vistana Management on Monday were unsuccessful.
“Defendant, its agents, servants, and/or employees carelessly and negligently failed to have any procedures governing the maintenance, inspection, and supervision of the area where the subject accident occurred,” the complaint concludes. “As a direct and proximate result of Defendant’s negligence, [Rakim Akbari] suffered severe bodily harm which led to his death.”
Speaking to local CBS affiliate WKMG, a spokesperson for Marriott Vacations Worldwide said it was unable to comment on active litigation, but they were able to offer up some words for the Akbari family.
“We are deeply saddened by this tragedy,” the rep said. “And send our sincere condolences.”
