MYRTLE BEACH, SC– Today, attorneys for the Douglas family announced that Brittain Resorts and its insurance companies have agreed to pay $26 million in exchange for a dismissal of a pending lawsuit and to avoid an upcoming jury trial. The Federal Court trial would have resulted in a jury deciding the value of compensatory and punitive damages for physical and psychological injuries to a three year-old-boy. The injuries were the result of chemical burns from a swimming pool with dangerous and illegally high levels of chlorine. Discovery in the lawsuit revealed that the chlorine level records provided to state regulatory agencies had been falsified for multiple years. Ashtyn was a happy toddler enjoying the pools and lazy river at one of Brittain’s properties, the Caribbean Resort, in Myrtle Beach when he suffered serious life altering physical and psychological injuries.
“This corporation and its insurance companies refused to settle this case year after year and refused to accept responsibility for what happened to an innocent little boy. As we dug deeper and deeper into the case we learned this was not an isolated event or one day of high chlorine levels. What we uncovered was a reckless fraudulent scheme to defraud the government and people and hide dangerous levels of chemicals from the public. The conduct and reckless disregard for the rights and safety of children and their families at this resort was egregious,” said Nick Rowley, a nationally acclaimed trial attorney and co-founder of Trial Lawyers for Justice. “This record setting settlement will not only fully compensate a little boy and his family but will send a powerful message to corporations across the country that callous disregard for the rights and safety of resort guests and children has big consequences.”
According to court records, Ashtyn Douglas was a three year old on vacation in Myrtle Beach with his family over Memorial Day in 2020. He spent the weekend in Caribbean Resort's lazy river with various family members. On the drive home from their vacation, family members noticed Ashtyn was fussy - which was unusual for him - but thought he may just be tired. After getting home, his mother, Heather, consoled him and got him to fall asleep. Unfortunately, Ashtyn woke up a short time later. He began screaming and crying uncontrollably. Late that night, Heather discovered redness about his groin area and over the course of several hours it got worse and worse, a result of chemicals soaking into different layers of his skin. Ashtyn was taken to his pediatrician the following morning, sent to the hospital, and eventually admitted to the UNC burn center where he was diagnosed and treated for chemical burns. After a week in the hospital Ashton had to endure agonizing wound debridement 3-4 times a day which was nothing less than torture.
“Dangerous levels of chlorine in pools is a problem facing communities around the country,” said Brian Ward, attorney for the Douglas family. “The harm can be serious and permanently disfiguring.”
While Ashtyn was at the burn center, his family called the South Carolina Department of Health and Environmental Control (DHEC). Two days later, DHEC came to the resort to check chemical levels. South Carolina law requires chlorine levels to be kept under 8ppm on the high side (one of the most liberal chlorine allowances in the country). When DHEC did its testing the levels were so high that they exceeded the testing kit's ability to measure. DHEC shut the pool down.
“I am relieved that justice has been served for my son, who endured unimaginable pain and suffering. No amount of money can erase the trauma he and my family experienced, or erase the permanent scarring, but this victory provides accountability and most importantly, closure and protection for other children,” said Heather Douglas, mother of Ashtyn. “My hope is that this serves as a wake-up call for all resorts to prioritize the safety of their guests, especially children, so that no other child or family has to endure such a horrifying ordeal."
Every public pool operator is required by South Carolina law to maintain safe chemical levels and to document daily testing in a log book. The resort's log book showed normal and acceptable levels on both the day that Ashtyn got burned and on the day that DHEC measured chlorine off the charts. In discovery, attorneys for the Douglas family requested the log books as well as personnel records. They discovered that the resort's designated Certified Pool Operator had been filling in log entries on days he wasn't even working, including the day Ashtyn got burned.
“Employees for Caribbean Resort shamelessly falsified chlorine level reports and allowed children to play in pools that contained dangerously high levels of chlorine,” said Kenneth Berger, attorney for the Douglas family. “On top of the excruciating physical agony inflicted by his third degree burns, Ashtyn Douglas has suffered intense and irreparable mental trauma that no person, let alone a child, should ever have to endure. This settlement secures justice for Ashtyn Douglas, who, along with his family, have faced the consequences of these corporations’ failure to deliver on promises of providing a safe environment for its guests. We hope this case serves as a catalyst for heightened safety standards across the hospitality industry and are grateful that the Douglas family will finally be able to start the healing process and move forward.”
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Trial Lawyers for Justice is a national law firm dedicated to helping families and victims of brain injury, spinal cord injury, wrongful death, serious injury, crashes, nursing home negligence, insurance bad faith, and medical malpractice. Through thoughtful care for our clients and vigorous pursuit of justice, we have won billions of dollars in record-setting verdicts and settlements for injury victims and families. To learn more go to www.TL4J.com.
