'Beyond Belief' That YMCA Lifeguards Left Unconscious Man Floating For Five Minutes, Son Says

CHICAGO, IL — An Evanston resident who allegedly suffered brain injuries after spending more than five minutes underwater in a YMCA swimming pool has filed a lawsuit alleging negligence, and lawyers for the 61-year-old man and his family Thursday released surveillance video of the incident at the Leaning Tower YMCA in Niles.

Yosef Bornstein was a longtime member and a regular swimmer at the Niles YMCA, according to his family. On May 28, he was swimming his regular 20 laps when he began feeling chest pain and went into cardiac arrest. For a moment on the video, he can be seen standing in chest deep water before going underwater. Two lifeguards are visible throughout.

Bornstein's lawyers say the lifeguards were within 10 yards of his unconscious body as they chatted with each other, but they did nothing to rescue him. He remained floating unconscious for more than five minutes before another swimmer noticed him underwater, the video shows.

“My father loved swimming at the Leaning Tower YMCA. The fact that lifeguards could show such disregard for his safety is beyond belief and the consequences are devastating,” said Bornstein's son, Elisha. He said his father and other swimmers "deserve much better."

The lawsuit was filed on Bornstein's behalf on June 8 against the YMCA of Metro Chicago. It accuses the Leaning Tower YMCA and the two lifeguards of negligence for not noticing Bornstein was underwater while in full view of the lifeguards and not immediately pulling him out of the water to provide emergency assistance.

"This accident never should have happened," said Bornstein's attorney, Timothy Cavanagh. "The swimming pool was not crowded at the time and the two lifeguards had a clear view of Mr. Bornstein." He said lifeguards need to do their jobs.

Bornstein was released by the hospital Wednesday, but the extent of damage to his brain from being deprived of oxygen for so long has yet to be determined.

In a statement to the media, the YMCA of Metro Chicago said:

Our hearts go out to the family of Yosef Bornstein, and we wish him a full and swift recovery. We want to assure all members that their health and safety is of primary importance. That’s why, as is our custom, we promptly started our own fact-finding process after this incident. The lifeguards were immediately put on administrative leave and a disciplinary review is underway. Further, we continually review our policies and procedures to reflect YMCA of the USA best practices, including ongoing review of certification, staffing and procedures, as well as lifeguard training from both YUSA and the American Red Cross.

Top photo: Screen capture of security footage from the Leaning Tower YMCA on May 28 released by the family of Yosef Bornstein | YouTube