LANSING, Mich. (Michigan News Source) – The Michigan Court of Appeals has revived a lawsuit against a campground over allegations that its swimming pond was unsafe after a 15-year-old boy drowned.

Jaylen Hill of Detroit drowned in July 2022 at a Kampgrounds of America (KOA) campground in Monroe County. He had been swimming with his half-brother and another teen. When the other two surfaced after swimming beyond a buoy line, they could not locate Jaylen. His body was later found in eight to nine feet of water.

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In its Sept. 21 ruling, the three-judge panel reversed a trial court’s dismissal and sent the case back for further proceedings. The plaintiff is Selma Hill, personal representative of Jaylen’s estate, and the campground operator involved in the appeal is Recreational Adventures Campground, LLC.

Judges Mariam S. Bazzi, Sima G. Patel and Matthew S. Ackerman concluded that a jury should decide whether the pond posed an unreasonable danger and whether the campground took adequate precautions.

The estate presented expert opinions questioning the pond’s safety and the effectiveness of its warning signs. One expert said the signs did not explicitly prohibit swimming beyond the buoys or adequately explain the dangers of the deep, murky water. Another said young adolescents could be expected to swim without parental supervision.

The campground countered with expert opinions that its signs and safety measures provided adequate warnings. Jaylen’s father testified that his son could read the signs, while his mother said he had little swimming experience.

The appellate court found that those competing accounts raised factual questions about Jaylen’s awareness of the danger and the campground’s precautions. The ruling allows the premises-liability claim to proceed.