Parents Sue “The Boca Raton” After Child Pool Incident

Another Problem For The Hotel That Owners Really Want You To Believe Is Nice. Once Known As “The Boca Resort.”

BY: LITIGATION DESK | BocaNewsNow.com

BOCA RATON, FL (BocaNewsNow.com) (Copyright © 2024 MetroDesk Media, LLC) — The one-time “Boca Resort” now known by its overly pretentious and bizarrely meaningless name of “The Boca Raton” is facing a major lawsuit from two club members who claim their child was critically injured in the pool.

Jennifer and Jeffrey Hertz allege in a complaint just filed in Palm Beach County Circuit Court that their child sustained significant injuries when a “The Boca Raton” employee turned off the “Flow Rider” surf simulator at the club, causing the child to fall. The Hertz’s allege the employee made no announcement, and there was no indication the ride was being turned off. Here are the key elements of the suit:

“On or about June 26, 2023, (redacted) was riding a boogie board on The FlowRider, a wave simulating pool, at The Boca Raton. During the ride, an employee and/or agent of The Boca Raton, John Doe, who was operating The FlowRider, abruptly turned off the ride without notice, causing the waves to cease. The jolting experience of the ride being abruptly turned off without notice or warning caused (redacted) to fall on his left side. (Redacted) was diagnosed and treated for multiple non-displaced fractures of the second, third and fourth proximal metatarsals, and a non-displaced fracture of the third metatarsal shaft of the left foot. (Redacted’s) healing process has been complicated by depression, weight gain, and refusal to leave his home. (Redacted) is currently still unable to partake in any physical activities beyond slow walking.

As a direct, proximate and foreseeable result of the negligence of Boca Owner, (redacted) was injured in and about his body, suffered pain therefrom, including mental pain and suffering; has suffered psychological and emotional damages; has suffered physical handicap; has sustained permanent injury; has suffered loss of bodily function; has or may require surgery and hospitalization, extensive medical treatment; has incurred medical and related expenses in the treatment of those injuries; and has lost the capacity for enjoyment of life.”

We don’t know if either parent was watching their child while he used the Flow Rider — or if an opportunity to warn him of the Wave Rider shutdown ever existed. BocaNewsNow.com has learned that club members and hotel guests are increasingly frustrated with unattended children at “The Boca Raton.”

The suit seeks more than $50,000 — the statutory minimum for filing a lawsuit in Palm Beach County Circuit Court. The property, once known as the prestigious “Boca Resort,” continues to have an image problem under its new name — a name it shares with the City of Boca Raton, “The Boca Raton” Tax Collector’s Office, “The Boca Raton” Police Department, and “The Boca Raton” Sanitation Department.