Family Win Right to Extend Investigation

Every day we talk with Club La Costa owners and many ask us for an update or information on what is happening in relation to the incident that occurred at a Club La Costa World resort in the Costa del Sol, Spain on Christmas Eve 2019. A family were torn from each other as 3 family members died in what was described by the resort owners as a “tragic accident”.

We will use this article to report on the news updates as they happen to keep our readers informed.

Reports suggested that 9 year old Comfort got into difficulties while using the resorts swimming pool. Her 16 year old brother, Praise-Emmanuel and her father, Gabriel Diya drowned with her as they had dived into the water in an attempt to save her.

Local journalist, Fernando Torres told the BBC “The resort workers heard the screaming and they tried to do CPR (resuscitation) as well, but they couldn’t help them,”.

“Then the emergency doctors came and they tried for 30-35 minutes, but they couldn’t revive them.”

Post investigation of the incident it was ruled that their deaths were a “simple accident” that occurred due to “lack of swimming expertise”.  However, wife and mother, Olubunmi Diya, insisted that there must have been “something wrong” with the pool that made it difficult for them to get out as they could all swim.

In January, the report of the investigation revealed 3 things;

  • The pool was at a low temperature for swimming, being 16C.
  • Daughter, 9 year old Comfort, owned a swimming cap with her name handwritten inside it along with swimming goggles. These are signs that suggest she swam often.
  • A member of staff at the resort who jumped into the water in an attempt to help the family reported that it was difficult to get out of the pool although being a strong swimmer and a surfer.

International swimming pool inspector Allen Wilson is backing the concerns of the victims’ family.

Mr Wilson told ITV News: “The problem if you have just one single drainage hole is entrapment. You’ve got a huge velocity of water going out that way; people will get dragged down, and they would not be able to escape from there.”

“There’s been numerous incidents all over the world resulting from excessive suction through the bottom outlet.”

The drainage system used by the resort is banned in America and the system is definitely something everyone needs to be aware of. As pool drains use suction to filter leaves and other things out of the water, they can put people at the risk of entrapment which can lead to a list of injuries including drowning.

Many gym swimming pools or public swimming pools will request that you use a swimming cap, some visitors may find this to be an inconvenience but it’s actually a safety precaution. Hair and other things such as jewellery can become entrapped in a drain.

It has now been reported that a Spanish judge has decided to grant the request of the family to pursue further investigations into the incident. An independent engineer chosen by the Diya family along with their lawyer will be carrying out a new inspection of the swimming pool.

A spokesperson from Club La Costa World said “We have cooperated fully and transparently with the authorities from the outset, giving every assistance to their investigations into this tragic accident.”

“Naturally, we will continue to do so… we remain confident that there were no issues with the pool, its maintenance or its functioning which contributed to this tragedy.”

Posted on: February 10, 2020

For more information regarding this article or assistance in any other timeshare related issues please contact the TCA on 0203 519 3808 or email:

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