Lifeguard's family to sue Schlitterbahn

Schlitterbahn Water Park

The family of a Schlitterbahn lifeguard killed by a wave generator at the park are taking the second steps in filing a lawsuit.

Attorneys for both parties went before a judge in Brownsville on Wednesday.

Attorneys for Nicolas Benavides, who died on March 6 said they will be suing Schlitterbahn owners.

They want answers as to how Nico was sucked in by a wave generator and crushed.

According to autopsy results, 20-year-old Nicolas Benavides of Brownsville died of face and head trauma caused by a wave generator at Schlitterbahn Water Park on South Padre Island. His mother Monica Buituteira filed a petition days after Nico's death demanding answers in what she claims was a wrongful death.

In the petition it states although Nico was working as a lifeguard, he was ordered to assist with the wave generator.

In court on Wednesday, Schlitterbahn attorney's told a judge they needed more time to provide information that the family's attorneys are seeking:

- Proof of workers comp insurance for Benavides, his estate or heirs.

- Information about the persons or entity involved in the design, make, sale and installation of the wave generator in question.

- Any evidence relating to the accident like photos or any video surveillance footage, among other information.

Nico's family was not present for the hearing but their attorneys are taking the first steps towards legal action against the water park.

The hearing was rescheduled for April 24.