Naples family sues tech giant after toddler’s near-drowning

NAPLES, Fla. — A Naples family has filed a lawsuit against Comcast and its subsidiary, Xfinity Home Services, alleging that a high-tech security system failed at a critical moment, leaving a three-year-old boy with life-altering injuries.

Victor Valdes' legal team says he originally purchased the Xfinity security package to protect his five children. The system included sensors on every door of the family’s Naples home, designed to trigger an audible alert if a child stepped toward the pool area.

But on February 3, 2025, that "peace of mind" vanished.

According to Thomas Hasty, an attorney with Morgan & Morgan representing the family, the family's three-year-old snuck out the back door leading to the pool deck without any of the other children or parents noticing.

"That door is equipped with this Comcast sensor that is supposed to alarm not only at that location but in a panel in the bedroom," Hasty said.

The lawsuit alleges a "product defect"—specifically that a router failure prevented the system from sending the data needed to trigger the master bedroom alarm. By the time Valdes realized something was wrong, his son was floating in the pool.

"He fished him out and began CPR immediately," Hasty told WINK Investigates.

While the child survived, he was clinically dead for approximately 30 minutes. He now faces permanent, life-altering injuries.

Florida’s Drowning Crisis

The tragedy comes as Florida continues to grapple with a surge in child drowning deaths. Last year, the state set a grim record with over 110 fatalities—the highest in the nation.

"Comcast needs to look into these systems and find out why we’re having these failures," Hasty said. "Truly the purpose of these systems is to give a family peace of mind."

The Battle Over the 'Fine Print'

Comcast released a statement to WINK Investigates saying:

"We are deeply saddened by this tragic event and its impact on the Valdes family. While we disagree with the allegations being made, this matter is the subject of ongoing litigation, so we are not able to provide further comment at this time."

A similar lawsuit filed in Washington state a decade ago saw a family lose their case against Comcast after a home invasion. In that instance, the company successfully argued that its contracts include a "limitation of liability" clause, essentially stating they are not an insurance provider and are not responsible for injuries—even if the equipment fails.

In Florida, these "fine print" waivers are generally upheld by the State Supreme Court following the landmark Sanislo v. Give Kids the World decision. However, there is a narrow exception: a company cannot waive liability for "gross negligence" or reckless disregard for safety.

WINK Investigates asked Morgan & Morgan for the Valdes family's contract but did not provide it to us. We reviewed a standard contract available on Xfinity's website that includes a liability clause that reads:

"YOU ACKNOWLEDGE THAT NEITHER THE COMPANY NOR ITS AFFILIATES, NOR ANY OF ITS OR THEIR AGENTS, REPRESENTATIVES, SUPPLIERS, SERVICE PROVIDERS, CONTRACTORS OR SUBCONTRACTORS IS AN INSURER OF OR AGAINST, OR LIABLE FOR ANY POTENTIAL OR ACTUAL LOSS OR DAMAGE TO PERSON OR PROPERTY THAT MAY OCCUR IN OR AT THE PREMISES, WHETHER AS A RESULT OF BURGLARY, THEFT, FIRE, SMOKE, CARBON MONOXIDE POISONING, WATER LEAKAGE, INSTALLATION, SELF-INSTALLATION, OPERATION, MAINTENANCE OR REMOVAL OF THE SYSTEM (WHETHER CUSTOMER EQUIPMENT OR COMPANY EQUIPMENT), PHYSICAL HARM TO ANY PERSON, ENTRY IN OR ONTO THE PREMSISES, THE CONDUCT OF ANY PERSONS IN OR ON THE PREMISES, THE PROVISION OF THE SERVICES, OR OTHERWISE. THE COMPANY EXPRESSLY DENIES AND DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGE WHICH MAY OCCUR PRIOR TO, AT OR AFTER SIGNING THIS AGREEMENT. THIS INCLUDES LIABILITY BASED ON CONTRACT, TORT, NEGLIGENCE OF ANY DEGREE, WARRANTY (INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) AND ALL OTHER THEORIES OF LIABILITY."

Hasty and the Valdes family are seeking over $50,000 in damages. As of today, Comcast has not filed a formal response to the complaint in Collier County courts.