Parents of a two-year-old girl who was struck by a swimming pool pumping machine have filed a class action lawsuit against the company and a local developer.
The lawsuit, filed Friday in the federal District Court in San Diego, claims that the company is responsible for negligence in the case, which was filed last week.
The girl, who has not been identified, was at her grandparents’ home in the Mission area last month when she was hit in the neck by a large pool pump that was connected to a large, concrete platform at the bottom of a pond, according to the lawsuit.
She was airlifted to a local hospital and has since been in critical condition.
Her parents filed a claim in March alleging negligence and breach of contract in the accident, which occurred in December 2014, according the suit.
The parents alleged the company failed to take steps to prevent the accident.
In addition to the negligence claim, the suit also alleges the company violated the federal Occupational Safety and Health Act by failing to train staff to properly use and supervise pool pumps.
The company, the lawsuit says, did not inform the family of the risk posed by the pumping and the accident took place in a public park, where other children were present.
The complaint is seeking unspecified damages.
The San Diego Unified School District is the parent company of the city’s public elementary school and its second-largest school district, according a statement released Friday.