Aliyah Jaico was swimming with her family at a hotel pool in Texas when she was "violently sucked" into a gap in the pool's flow system, according to a lawsuit filed by her family. Hours after the 8-year-old was reported missing, her body was found "inside a large pipe in the pool area," Houston police said in a statement.
"She just disappeared," Richard Nava, a lawyer representing the family, told reporters at a news conference Tuesday, calling the Saturday incident "horrific." He added: "Her poor little body was contorted when she was sucked into this hole and pipe 20 feet back."
Houston police said the girl was reported missing about 5:45 p.m. Saturday, after "swimming with other family members in a lazy river style swimming pool" at the DoubleTree by Hilton Houston Brookhollow hotel. She was found about 11:30 p.m. and was pronounced dead by paramedics, police said, adding that they were "continuing to investigate the incident."
This week, the family filed a wrongful-death lawsuit against the hotel and its parent company, Hilton Worldwide Holdings. The family is also bringing suit against the local operator of the hotel, Unique Crowne Hospitality, accusing it of "gross negligence."
"It took the fire department 13 hours to actually get her physical body removed from the pipe," Justin Martinez, a communications representative for the Nava Law Group and the Jaico family, said in a phone interview Wednesday, adding that legal representatives for the family would be filing a restraining order against the hotel so that the pool area is secured and "nothing at the site is compromised."
According to the lawsuit, Aliyah "loved to swim," and her mother, Jose Daniela Jaico Ahumada, had rented a room at the hotel that day "to enjoy a day of swimming with her family."
Richard Nava told reporters there was "an issue with the flow of the water" inside the pool that caused Aliyah to be sucked into what the lawsuit describes as an "unsecured open gap."
The hole was about 12 to 16 inches wide, Nava said, adding that first responders, including Houston's fire department, had to "break up" the concrete pipe to retrieve Aliyah's body.
"We are seeking justice for Aliyah, because this could have been avoidable," Nava said, adding that Aliyah's loved ones were "devastated" by her death. The family is seeking at least $1 million in damages, the lawsuit says.
The Harris County Institute of Forensic Sciences has ruled Aliyah's death accidental, saying she died of drowning and mechanical asphyxia, which is when an object or physical force prevents someone from breathing, the Associated Press reported.
The pool is "closed until further notice" with "re-inspection required," according to an aquatic facility inspection report by the Houston Health Department.
The pool did not meet standards because, among other violations, "the owner/manager didn't have drain cover documentation," Porfirio Villarreal, a public information officer for the department, said in an email Wednesday, adding that "the department will lift closure once violations are corrected."
In a statement emailed to The Washington Post on Wednesday, a Hilton spokesperson said the company was "deeply saddened by the tragic loss of a young girl at the DoubleTree by Hilton Houston Brookhollow," and added that the property is "independently owned and operated by a third party."
Hilton said it "does not own, manage, or control the day-to-day operations of the property and does not employ any of the property's staff or its third-party operators."
Chris Jones, a spokesman for Unique Crowne Hospitality, the hotel operator, said in a statement Wednesday that the company is "deeply saddened" by Aliyah's death.
"We offer our sincere and deepest condolences to her family and loved ones at this difficult time," the statement said. "Our commitment to providing a safe and secure environment for our guests is paramount and we will continue to cooperate fully with all authorities investigating this incident."
Ahumada, Aliyah's mother, had "stepped away" from her daughter for a "brief moment," Nava told reporters Tuesday. As soon as she realized her daughter was missing, about 4:50 p.m., she raised the alarm with hotel employees.
About 5:20 p.m., Ahumada asked hotel management to look at the video surveillance footage, but hotel staff said police had to be present for that, the lawsuit said, adding that Ahumada called 911 about 5:45 p.m. and reported her daughter missing. When police were granted access to the security footage, it became clear that Aliyah "went underwater and never emerged," the document said.
Her body was found after a recovery team drained the pool and used video cameras attached to 20-foot poles to inspect the pipes, the lawsuit said.
"Things at the hotel could have been done a lot better," Nava said Tuesday. "There was a lot of time wasted."
Tuesday's inspection report on the pool noted that "one suction outlet cover" was "partially missing from the suction pipe where search and recovery occurred," and that the pool operator had "failed to obtain a pre-opening inspection" after the pool had been remodeled.
Official safety guidance from the Consumer Product Safety Commission recommends not leaving children to swim unattended and encourages parents and caregivers to learn how to give CPR.
The website cites the Pool and Spa Safety Act, which stipulates that "all public pools and spas must have drain grates or covers that meet safety standards." The organization notes that "powerful suction from a pool or spa drain can even trap an adult."
In his email Wednesday, Nava said Hilton's "attaching their brand to this specific location raises many questions." Nava said his team was seeking to investigate "what process and due diligence the Hilton hotel brand conducts in its franchise agreements."
"Aliyah was a wonderful, smart little girl who loved to swim and play Roblox. Her funeral will be held Thursday," he added.
"Thank you my girl for teaching me what love is," Aliyah's mother wrote in a Facebook tribute to her daughter. "After every battle we went through together we didn't win this one."
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