Father Files Lawsuit Against Moody Gardens Over Son’s Death

Four-year-old Asher Rayburn died after being found in hotel pool 

GALVESTON, TX – Zehl & Associates is representing Matthew Rayburn, the father of four-year-old Asher Rayburn, in a wrongful death lawsuit alleging gross negligence against Moody Gardens Inc. after the boy drowned in the pool at the Moody Gardens Hotel in Galveston, Texas. Moody Gardens is a popular entertainment and tourist attraction. Asher was found at the bottom of the pool on the night of July 2, 2023, and was pronounced dead the following morning, just days before what would have been his fifth birthday.

“This is the kind of tragedy that no parent or family can ever be ready for,” said Mr. Rayburn’s attorney Ryan Zehl of Zehl & Associates. “What makes this situation even more horrific is that it was completely preventable had the hotel taken even the most basic precautions.”

The boy’s mother had taken Asher on a birthday trip to Galveston for the weekend, and they were guests of the hotel at the time of the incident. The hotel pool had no staff on duty to monitor the pool. The witnesses who found the boy performed CPR, and it is not known exactly how long Asher had been underwater before he was discovered.

Among the claims listed against Moody Gardens in this lawsuit:

  • Failing to properly monitor and control access to the pool area.
  • Failing to properly hire, manage, train, and supervise competent employees.
  • Failing to respond or intervene in a timely and adequate manner.
  • Failing to take appropriate and reasonable action.
  • Failing to provide timely and/or adequate medical assistance.
  • Failing to provide and enforce adequate safety equipment, policies, and procedures.
  • Failing to have lifeguards on duty.

The plaintiff is seeking over $1 million in damages.

About Zehl & Associates

Zehl & Associates is an undefeated Houston-based personal injury law firm that represents accident victims across Texas, Louisiana, and the United States, earning a reputation for recovering record-breaking verdicts and settlements for its clients. The firm’s practice areas include truck and 18-wheeler accidents, oilfield, maritime, and refinery accidents, and catastrophic personal injury and wrongful death cases. The firm has secured billions of dollars for its clients, obtaining unprecedented victories against the largest trucking, oil and gas, maritime and petrochemical companies in the world.

For more information, visit https://www.zehllaw.com/.

Media Contact:

Jason Cunningham



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