Falmouth Campground Facing $7.5 Million Wrongful Death Suit

FALMOUTH, MA — The mother of a 4-year-old boy who drowned at a Falmouth campground has filed a wrongful death lawsuit against the camp, seeking $7.5 million in damages.

Represented by attorneys George and Justin Miller, Brockton resident Maria Ribiero filed the lawsuit Aug. 21 in Plymouth Superior Court against Cape Cod Campresort and Cabins in East Falmouth.

The campground is being sued on grounds of negligence, wrongful death, conscious pain and suffering and wrongful death with willful, wanton or reckless and.or gross negligence, the Cape Cod Times reported. According to court documents, the plaintiff is seeking a trial by jury, and a final judgement is scheduled for 2023.

"They should have known that there existed a potentially dangerous condition within the confines of the swimming pool which might cause injury or death to children," Ribiero's lawyers wrote in the complaint.

Cape Cod Campresort and Cabins owner Anthony Newman told the Cape Cod Times he didn't know anything about the lawsuit and couldn't comment. Attorneys for the defendant were not yet listed on the court documents.

On Aug. 26, 2017, James Ribiero-Almeida died after being pulled from the water at the Campground pool.

"Crews were informed that a 4-year-old child had been removed from the water and CPR was in progress," Falmouth fire officials said in a statement. "Upon arrival, (fire and rescue) crews took over care of the child. Advanced life support measures were initiated and the child was transported to Falmouth Hospital, where despite all of their efforts, the child was pronounced dead.

The plaintiff argued there were no lifeguards or camp employees monitoring the pool. At the time, the campground's rules didn't specify whether children needed adult supervision to use the pool. A sign merely read "children should be supervised," according to the complaint.

The Falmouth Board of Health adopted stricter pool rules, following the boy's death. In February 2019, the board deemed that any semi-public pool needs one adult for every five children younger than age 16 at the pool for the child to swim.