Harbourside Place faces new lawsuit after man electrocuted in fountain

JUPITER — A man who jumped in the fountain at Harbourside Place to save his neighbor and their children from electrical shocks has sued the complex, its management company and its CEO over the injuries, stress and trauma he suffered during the rescue.

Seth Kozak required hospital care after the Oct. 22, 2023, incident at the popular waterfront retail and restaurant complex that killed Jupiter native Nate Davenport. Kozak's child and two of Davenport's children also received treatment at hospitals.

Kozak and his wife sued the complex on July 29, seeking more than $50,000 in damages. Jack Scarola, Kozak’s attorney, said last month that “documents are being finalized to complete the final resolution of the case on behalf of the Kozaks,” adding that the terms of the settlement are confidential. The case remained before the courts as of Friday.

Multiple attempts to reach attorneys for Harbourside Place were unsuccessful. After Davenport's death, Nick Mastroianni, the complex's chief executive officer, released a statement on the incident saying, "This is a tragedy. Our focus is on the people involved and their families. We ask the community to join us in praying for them."

Davenport's family has settled their lawsuit with Harbourside Place. That lawsuit claimed the complex's owners negligently allowed broken lights inside the fountain to leak electrical voltage into the pools on the day of Davenport's electrocution.

Syler Sparks, a 22-year-old Palm Beach Gardens man who said he jumped in the fountain that day as well, also has sued the complex. Sparks' case also remains before the courts.

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The fountain remains out of service and covered with sheets of wood and potted plants. In a letter sent in November, Jupiter told the owners either to repair or demolish the fountain and to obtain permits within 90 days to do so. Jim Brown, the town's top building official, told Harbourside to keep the fountain "unenergized" until then.

Harbourside Place has not responded to requests for comment on its plan for the fountain.

Barry A. Postman of West Palm Beach, the attorney representing Harbourside Place, said in December that the complex’s owners were completely unaware of any problem with the fountain before the incident and that "they would have moved immediately to fix it" had they known.

A woman who visited Harbourside Place in July 2023 said she felt a shock when she put her hand into the fountain and that she tried to tell an employee of the complex about the problem. The employ was dismissive of her concern, she said.

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Kozak's lawsuit claims that Harbourside Place’s owners negligently allowed dangerous conditions at the fountain. It states that its lights were leaking electrical voltage, that its system did not have ground-fault circuit interrupter protection and that someone had replaced its electrical panel without a permit.

“Defendants were aware of the hazard as patrons visiting the premises in prior instances had informed agents of the Defendant that they experienced electrical shock when touching the water,” the lawsuit reads.

It also claims that the fountain was an “attractive nuisance,” partly because it is advertised as an “interactive fountain” on Harbourside Place’s website.

“The promotion of the fountain as ‘interactive’ constitutes an express invitation to enter the fountain water,” reads the lawsuit. “How else does one ‘interact’ with a fountain?”

Signs posted at the fountain prior to Davenport's death told visitors that swimming and playing in its waters were prohibited.

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The lawsuit details that Seth Kozak was visiting Harbourside Place on Oct. 22 when he and Davenport’s kids jumped in its fountain and received electric shocks.

Kozak’s son fell face forward into the water and he received continuous electric shocks, the lawsuit states. Davenport entered to help him, but received shocks himself and was electrocuted. Kozak tried to help them both to safety, but he also got shocked. Kozak’s son laid helpless and unmoving in the water for 112 seconds, the lawsuit states.

Kozak climbed out of the fountain with the help of the two other children. When he got out, he aided his son who was still face down in the water. Kozak faced more electrical shocks while he pulled him out. He then performed CPR on his son, which “partially resuscitated” him, according to the lawsuit.

Kozak and other bystanders pulled Davenport out of the water next. Kozak and his son were later treated for their injuries at St. Mary’s Medical Center in West Palm Beach.

Kozak and his son suffered permanent injuries as well as psychological, mental and emotional stress and trauma from the incident, according to the lawsuit. It notes that Kozak was diagnosed with post-traumatic stress disorder and his son with post-traumatic shock disorder.

The lawsuit also states that the incident left Kozak's wife with a loss of support in raising children, emotional damages and mental pain and suffering.

Maya Washburn covers northern Palm Beach County for The Palm Beach Post, part of the USA TODAY Florida-Network. Reach her [email protected]. Support local journalism:Subscribe today.