Wrongful death lawsuit uncovers new allegations of negligence at LVAC pools

The family of a woman who drowned at a Las Vegas Athletic Club pool are now suing the gym.

Court documents filed on Wednesday show the son and daughter of Leticia Triplett have filed the lawsuit and accuse the gym of negligence, which led to their mother's death.

The incident happened on Feb. 4, 2024 at the LVAC located near Decatur and the 215. Surveillance video showed Triplett struggling to swim for about 10 minutes. Several people were seen walking by her, unaware that she was drowning.

Court documents state that after she drowned, Triplett continued to float lifeless in the pool for another 10 minutes before an LVAC staff member pulled her from the pool. Triplett was pronounced dead at the scene.

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At the time, no lifeguards were present and Triplett's family claims no one was monitoring pool cameras, which was required by a Southern Nevada Health District variance. Health District documents also state the LVAC failed to notify them about the incident and violated the variance by not doing so.

"The failure of LVAC to notify the Health District impeded the Health District's investigation and resulted in the deletion of critical evidence, specifically video surveillance of the front desk area where the dedicated camera feed was supposed to have been permanently staffed," a revocation order reads in part.

The health district did not receive any information about Triplett's death until Feb. 28, 2024. An inspector stopped by the LVAC facility on March 1 and "discovered that LVAC had no person monitoring the dedicated pool camera feed". When they asked staff members about it, they were told an "employee had called out sick and LVAC did not shift another staff member to monitor the camera feed as required."

Channel 13 reached out to the Health District to see if other incidents have been reported at LVAC locations. According to a health district, there have been multiple LVAC variance violations over the years.

• May 24, 2022 — Pools at the Maryland Parkway locations were closed for failure to comply with the variance.
  
• June 6, 2022 — The pools at the North Rainbow facility were closed because the camera frame for the pool was not in use, routine walk-throughs were not being performed or documented, and LVAC staff were unaware of security plan requirements.
  
• Sept. 26, 2022 — North Rainbow facility pools were closed because walk-through logs were not being maintained as required.
  
• Dec. 16, 2022 — Pools at the West Sahara Avenue location were closed for failing to monitor the pool area and allow customers to swim in the pool while it was supposed to be closed.
  
• Feb. 15, 2024 — At LVAC's North Rainbow Boulevard location, a customer was pulled unconscious from an LVAC pool by another customer. A Health District report states "LVAC had not noticed the incident or provided aid until a customer did."

In 2020, the SNHD granted variances to gyms across the valley, including LVAC, so gym staff could monitor pools through video camera feeds instead of having in-person lifeguards. However, since the first lifeguard waivers were granted in 2020, SNHD says 29 pools have been closed at 21 locations due to their failure to comply with safety requirements.

In April, the SNHD announced it would no longer provide waivers or variances and that lifeguards will be required.

WATCH: Some gym pools could be at risk of closing if they don't follow SNHD regulations

Some gym pools at risk of closing if they don't follow SNHD guidelines

LVAC officials appealed the Variance Revocation and Closure Order. LVAC President Chad Smith met Health District staff on June 3, 2024.

Smith argued the SNHD has no jurisdiction over their pools since they aren't public swimming pools, according to an order. However, district officials said privately-owned swimming pools are required to comply with regulations when they are open to the public, like LVAC.

District documents also state the LVAC did not contest the Health District's finding that they failed to prevent public health and safety issues at its pools.

LVAC officials have previously stated that it will cost about $4 million a year to meet the new lifeguard requirements and that if they wanted to eliminate the pools entirely, renovations would cost an estimated $7 million to $10 million per location.

However, according to the Health District, when they spoke to Smith, it "is unclear what [financial] hardship this might be because Mr. Smith did not know and could not estimate what LVAC's total payout is. LVAC and Mr. Smith also did not provide total revenue." The order goes on to say that revenue estimates that LVAC provided also "contradict its claims."

After the Health District decided to keep the revocation order in place and not grant a new waiver, the LVAC sued SNHD . That also led to LVAC pools being closed across the valley earlier this month. The following letter was sent to LVAC members.

LVAC

Channel 13 reached out to SNHD to see where things currently stand.

The SNHD and LVAC met on Aug. 22.

"At that time, LVAC was instructed on items needed to complete the development of the [lifeguard staffing] plan. LVAC has not submitted a revised plan for review, and its pools remain closed," a district spokesperson stated.

Like we mentioned, LVAC locations are not the only gyms in the valley affected by the lifeguard requirement.

Health District officials tells Channel 13 that Eōs has approved plans and lifeguards at four locations, which are currently operating.

• 4250 N. Scott Robinson Boulevard
• 3511 St. Rose Parkway
• 3325 E. Russell Road
• 8125 W. West Sahara Avenue, #100

UFC Fit has submitted a lifeguard plan, which has undergone several revisions. The Health District anticipates completing that review early next week.
24-Hour Fitness has not submitted requested revisions to its plan.

WATCH: Drowning has potential to be 'silent killer', lifeguards say

Drowning has potential to be 'silent killer,' lifeguards say, after video shows drowning at Las Vegas pool