Harborside Place faces new lawsuit after man electrocuted in fountain

The man jumped into the fountain to help his friend Nate Davenport and his children who suffered electric shocks in the water.

JUPITER — A man who jumped into the fountain at Harborside Place to save his neighbor and his children from electric shocks has sued the complex, its management company and its CEO for the injuries, stress and trauma he suffered during the rescue.

Seth Kozak required hospital care following the Oct. 22, 2023, incident at the popular waterfront shopping and restaurant complex that killed Jupiter native Nate Davenport. Kozak’s son 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 in the courts until Friday.

Multiple attempts to contact Harborside Place attorneys were unsuccessful. Following Davenport’s death, Nick Mastroianni, the complex’s executive director, released a statement about 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 they. “

Davenport’s family settled the lawsuit with Harborside Place. That lawsuit alleged that 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 into the fountain that day as well, also sued the complex. Sparks’ case also remains in the courts.

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The fountain remains out of service and covered with wooden leaves and potted plants. In a letter sent in November, Jupiter told property owners to repair or demolish the fountain and obtain permits within 90 days to do so. Jim Brown, the city’s chief construction officer, told Harborside to keep the fountain “de-energized” until then.

Harborside Place did not respond to requests for comment on the plan for the fountain.

Barry A. Postman of West Palm Beach, the attorney representing Harborside 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 acted immediately to fix it” if they had known.

A woman who visited Harborside Place in July 2023 said she felt a shock when she put her hand in the fountain and tried to tell a complex employee about the problem. The job dismissed her concern, she said.

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

“Defendants were aware of the danger as customers who had visited the premises in previous instances informed Defendant’s agents that they had suffered electric shock when touching the water,” the lawsuit says.

It also states that the fountain was an “attractive nuisance,” in part because it is advertised as an “interactive fountain” on the Harborside Place website.

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

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

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Lawsuit says man suffers from PTSD after shocks at Harborside Place fountain

The lawsuit details that Seth Kozak was visiting Harborside Place on Oct. 22 when he and Davenport’s children jumped into the fountain and received electric shocks.

Kozak’s son fell face first into the water and received continuous electric shocks, the lawsuit states. Davenport went in to help him, but was also shocked and electrocuted. Kozak tried to help the two to safety, but he was also shocked. Kozak’s son lay helpless and motionless in the water for 112 seconds, the lawsuit states.

Kozak got out of the fountain with the help of the other two children. When he got out, he helped his son who was still face down in the water. Kozak faced more electric shocks as 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 her son were later treated for their injuries at St. Mary’s Medical Center in West Palm Beach.

Kozak and her 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 claims the incident left Kozak’s wife with loss of child-rearing support, emotional harm, and mental pain and suffering.

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