A Chinese tourist who tragically lost her five-year-old son and her husband when they both drowned at the Airlie Beach Lagoon is fighting for $4.5 million in compensation.
On October 28th 2018, 30-year-old airline pilot, Yuanwei Zhang, was unable to swim when he ventured into the shallows with his son, Chenxi, while his wife visited the nearby shops.
It is understood that he mistakenly got out of his depth and the pair slipped under the water.
Despite it being a busy day at the lagoon and with two lifeguards just 20 metres away, no-one noticed the incident and it was several minutes before Mr Zhang was pulled from the water.
It was a further seven minutes before Chenxi was retrieved.
Neither could be revived.
The young family had been enjoying a dream holiday, travelling to Sydney before visiting the Whitsundays.
In a situation, no-one should have to deal with, wife and mother, Jie Tan, had to return home to China alone.
Just over three years later, she is now suing Whitsunday Regional Council, who own the public facility and the lifeguard contractor, Ellmill Enterprises Pty Ltd.
It is alleged that the two lifeguards who were on duty at the time failed to keep a proper look out and were chatting on the bridge instead of keeping watch.
Jie Tan is seeking $4.5 million in compensation which represents past and future lost earnings.
The couple were among the top 20 per cent of income-earners in China with Mr Zhang being a pilot and Jie Tan an intermediate flight dispatcher, earning a combined annual income of 1.4 million yuan ($307,000).
The court documents were filed in Mackay and claim the deaths could have been avoided by the exercise of reasonable care.
Council has been charged with failing to comply with workplace health and safety duty following an investigation by the Office of Workplace Health and Safety.
The matter is due to return to court next month.
Jie Tan, her husband Yuanwei Zhang and their five-year-old son Chenxi days before the tragedy. (Supplied: Jie Tan and ABC News)
Jie Tan and her son Chenxi enjoyed time in Sydney in the days before they travelled to the Whitsundays. (Supplied: Jie Tan and ABC news)
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