Harbourside Place hasn't decided whether to repair or demolish fountain where dad died

Maya Washburn, Palm Beach Post
Updated ·5 min read

JUPITER – It is too soon for Harbourside Place owners to decide whether to repair or demolish the fountain where a father of four died and four others were injured by electrical shocks, a Habourside spokesperson said earlier this week.

Harbourside Place owners say they do not consider the investigation of the incident in the fountain complete despite a letter from town officials that said electrical voltage leaked from the fountain's light fixtures that day.

More: After Harbourside Place electrocution, lawyers investigate if fountain shocked other visitors

Jupiter to Harborside Place: 90 days to get permits for repair or demolition of fountain

Harbourside Place's owners conducting their own “comprehensive” investigation surrounding the fountain, which is part of the amphitheater at the north end of the retail and shopping complex along the Intracoastal Waterway.

In the letter, the town told the owners either to repair or demolish the fountain and to obtain permits within 90 days to do so. Jim Brown, Jupiter’s top building official, told Harbourside to keep the fountain "unenergized" until then.

The town declared the electrical system for the fountain unsafe after town electricians inspected it on Oct. 23, the day after the electrocution. The fountain and the splash pad at the complex have been shut down since the day of the incident.

The findings are consistent with what witnesses told Jupiter police as they investigated the death of Nate Davenport, a 45-year-old Jupiter native. One of the children Davenport tried to pull from the water told police he saw “a lot of broken lights” in the fountain before feeling an electrical shock.

More: Harbourside Place fountain where one person was killed and four others were hospitalized

Nate Davenport, 45, of Jupiter died Oct. 22 at Harbourside Place after he dived into the fountain with electricity running through its waters to rescue children.
Nate Davenport, 45, of Jupiter died Oct. 22 at Harbourside Place after he dived into the fountain with electricity running through its waters to rescue children.

The police report said that the cause of Davenport's death appeared to be accidental and that there seemed to be no probable cause for criminal charges.

A Harbourside Place spokesperson said Wednesday that ensuring the well being of their visitors and community remains a priority for the owners.

“Harbourside Place management took immediate action to close the fountain and will keep it closed indefinitely pending the results of a comprehensive investigation,” they wrote in the statement. “Harbourside Place is dedicated to being a family-friendly destination, and we are resolved to uphold this promise.”

911 calls from Harbourside fountain: Restaurant manager saw someone flip, fall

The Palm Beach County Medical Examiner is investigating Davenport's death, but a spokesperson says they have not determined an official cause of death or released an autopsy report.

The company hired by Harbourside Place to maintain the fountain and splash pad area was at the site at U.S. 1 and Indiantown Road three days before the electrocution and did not report any issues, according to the police report.

The company, identified as Tranquil Waterscapes, told investigators that they brush, net and treat the water with chemicals but do not work on any electrical elements and that it is not part of their duties to inspect electrical wiring.

More: What to do if you see someone being shocked by electricity in the water

Palm Beach Gardens woman reports receiving shocks from the Harbourside fountain in July

Dina Fleck of Palm Beach Gardens told police Oct. 24 that she and her friends felt electrical shocks at the fountain on July 10. She said she tried to tell a Harbourside Place employee about the problem, but the employee “dismissed it and didn’t believe” her.

Fleck said she saw exposed wires in the water that day but did not notice any broken lights. Neither Fleck nor her friends sustained any injuries from the shocks they felt in July.

Dina Fleck of Palm Beach Gardens said she took this photo on Monday, July 10, 2023, of the fountain in Harbourside Place in Jupiter and shared it with police in their investigation into the Oct. 23 electrocution death of Nate Davenport. Fleck said she felt an electrical shock when she put her arm into the water and noticed an exposed wire in the pool.

Lawyers representing the families of Davenport and his friend Seth Kozak, who also was shocked rescuing children at Harbourside Place on Oct. 22, said last week that they are investigating whether a person or entity might have been negligent in the problems at the fountain.

A spokesperson for Harbourside Place, however, said on Nov. 2 that the complex’s owners were never made aware of any dangerous conditions at the fountain before the electrocution.

“This is an ongoing investigation, but Harbourside has never been made aware of any previous safety concerns or issues in the amphitheater area. Thousands of children have enjoyed this space without incident until the tragic events on Oct. 22,” the spokesperson said.

They are also investigating whether the fountain shocked other visitors before the incident. Scott Smith, the lawyer representing the Davenport family, said that others have come forward.

Fountain electrocution: Jupiter says light system leaked voltage into water on day man died

Fountain electrocution: What happened to Nate Davenport in Jupiter on Oct. 22

The outdoor amphitheater at Jupiter's Harbourside Place.
The outdoor amphitheater at Jupiter's Harbourside Place.

Davenport and Kozak visited the complex with four of their children and had lunch on the patio outside the Jupiter Grill. Three of their children went to play in the fountain and splash pad area, which was within eyeshot of where Davenport was sitting.

Signs posted near the fountain tell visitors that swimming in its waters is prohibited. One of the children fell into the water just before 3:30 p.m. He was in the water for only about 30 seconds before he felt an electrical current go through his body, he said. He lost consciousness. One other child felt a shock in one of his legs. The third never felt a shock.

When he heard the children screaming, Davenport jumped in the fountain to help and immediately froze and fell over. Kozak got in the water to help Davenport but felt a shock and then another as he reached to help his child.

One of the children helped Kozak from the water, and he pulled Davenport out and began performing CPR until police and Palm Beach County Fire Rescue arrived.

Medics took Davenport and Kozak to Jupiter Medical Center, where Davenport died. The three children received treatment at St. Mary’s Medical Center in West Palm Beach, where medics took them as trauma patients.

Maya Washburn covers northern Palm Beach County for The Palm Beach Post, part of the USA TODAY Florida-Network. Reach her at mwashburn@pbpost.com. Support local journalism: Subscribe today.

This article originally appeared on Palm Beach Post: Jupiter Harbourside Place undecided on fountain repair or demolition