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5-Year-Old Drowns After Escaping Through Unsafe Fence at Autism-Friendly Park in Kissimmee, FL

Michael T. Flanagan, Esq.

The heartbreaking death of 5-year-old Arturo Angarita at Senses Park in Kissimmee, Florida, has raised serious questions about the safety protocols at facilities designed for children with autism and other vulnerabilities. Arturo’s drowning on November 13, 2025, in a water-filled ditch near the park underscores the critical need for heightened safety measures and accountability from those responsible for maintaining such spaces.

Arturo, described by his father as a joyful and loving child, was playing at Senses Park—a facility specifically designed for children on the autism spectrum—when he wandered away unnoticed. Security footage revealed that Arturo slipped through a loosely chained side gate, which provided direct access to the ditch where he was later found.

His father, Leonardo Angarita, was attending to Arturo’s older brother nearby when the tragedy unfolded. Despite the efforts of paramedics, Arturo could not be revived. The Osceola County Sheriff’s Office classified the incident as an accidental drowning, but the circumstances leading to the event have sparked outrage and calls for accountability.

Safety Failures and Immediate Actions

Senses Park, owned and operated by Osceola County, failed to ensure that its fencing and gates were secure. Arturo’s father noted that the side gate was ajar, allowing the child to slip through. In the aftermath of the tragedy, park officials double-padlocked and chained the fence. However, parents have reported additional safety concerns, including issues with the front gate, raising doubts about the overall security of the facility.

Public spaces, particularly those catering to children with special needs, must adhere to strict safety protocols to prevent such preventable tragedies. In Florida, property owners, including municipal entities, have a legal duty to maintain their premises in a reasonably safe condition under Florida Statutes § 768.0755. This duty is even more critical in facilities explicitly designed for vulnerable populations, such as children with autism.

Accidental Drownings: A Preventable Tragedy

Accidental drownings are a leading cause of death for children in Florida, particularly in areas with abundant pools, lakes, and water-filled retention areas. According to the Centers for Disease Control and Prevention (CDC), drowning is the leading cause of unintentional injury-related death among children aged 1 to 4 years old. Tragically, many of these incidents occur due to preventable safety lapses.

Common Causes of Accidental Drownings

Accidental drownings can happen in seconds, often in seemingly safe environments. Some common causes include:

  • Inadequate Fencing or Barriers: Pools or water hazards without secure fencing allow children easy access.
  • Lack of Supervision: Children can slip away unnoticed, especially in busy or crowded areas.
  • Faulty Gates or Latches: Broken or improperly maintained gates can fail to keep children out of dangerous areas.
  • Unmarked or Unsecured Water Hazards: Retention ponds, ditches, and other bodies of water can pose hidden dangers if not properly secured or labeled.
  • Absence of Warning Signs: Failure to alert visitors about the presence of nearby water hazards increases the risk of accidents.

Liability and Wrongful Death Claims

Arturo’s father, through his attorney, has indicated an intention to file a negligence lawsuit against Osceola County. A wrongful death claim in Florida, governed by Florida Statutes § 768.16–768.26, allows surviving family members to seek compensation for damages resulting from a loved one’s death caused by negligence.

Key elements of a wrongful death claim include:

  • Duty of Care: The county had a duty to ensure the park was safe for children, particularly those with special needs.
  • Breach of Duty: The unsecure gate and failure to address known safety risks demonstrate a breach of that duty.
  • Causation: The inadequate fencing directly allowed Arturo to access the hazardous ditch.
  • Damages: The family may seek compensation for funeral expenses, medical costs, emotional distress, and loss of companionship.

Contact Us for a Free Consultation

At Flanagan & Bodenheimer Injury and Wrongful Death Law Firm, we understand the devastating impact of accidental drownings on families. If your loved one has been affected by an accidental drowning due to negligence, we are here to help you seek justice. Our experienced attorneys will thoroughly investigate the circumstances, identify responsible parties, and fight for the compensation your family deserves.

Call us today at (305) 638-4143 or fill out our online form for a free consultation. We proudly serve families throughout Florida, including Kissimmee and Osceola County. Let us help you seek the justice your loved one deserves.

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