The father of a 19 month-old baby girl, that drowned while under the care of her mother, has filed a wrongful death lawsuit naming the mother for her negligence in watching over their child and by putting her in harm's way by allowing her near a pond on her property, as reported by Fox 4 Kansas City.
The suit was filed in Clay County, naming the baby's mother, A.F., as a defendant – as well as other members of her family because they own or reside on the property where the baby died.
J.C., the child's father, told reporters that his daughter "was a happy baby. She loved everybody. She wasn't shy. She would go to anybody. She was just full of life."
The baby died when she fell into a pond and drowned during a stay on her mother's property. Emergency crews from the Holt Fire Department responded to the call, after 10 p.m., to find members of the family trying to resuscitate the baby.
The baby was later pronounced dead at a local hospital. It is believed by authorities that she lacked oxygen for up to 30 minutes.
According to J.C. A.F. told him that "they went for a walk. She says she sits down by the pond, kicks her flip-flops off…and next thing you know, (her mother) was waking up and she couldn't find" the baby.
The mother allegedly had a seizure and that is why she was unconscious when the baby went into the pond.
The suit states that on October 16, 2013 the baby was left unattended near the pond and drowned.
One could gain entry to the pond by way of a dock that had been erected in June 2013. However, the dock allegedly failed to have enough barrels to keep it afloat. The barrels that were in use were also known to be failing, part of the dock was underwater, and there was a lack of a barricade to prevent someone from accessing the faulty dock.
Additionally the defendants allegedly knew that there was poor lighting around the pond.
The issues with the dock are at the crux of the suit. J.C. said, "They've had problems with it tipping, leaning. Just that they've had problems with it leaning right. I just want justice for my daughter…"
The defendants are said to have shown "complete indifference to or conscious disregard for the safety of others" in regards to the faulty dock they had built on their property.
The suit seeks damages in excess of $25,000 for each count and a trial by jury.
J.C. added, "There's not enough money in the world that could bring my daughter back. Nothing. It's not about the money at all" and that his reason for filing the suit is because "the investigation, I didn't think, was going anywhere. They won't tell me nothing. So I mainly did it because if she (the mother) is not going to be held responsible, something's got to be done."
There have been no criminal charges filed against any of the defendants.
Can you imagine loosing your child while you believed they were under the care of a responsible adult? If this has happened to you contact a personal injury lawyer to discuss your own case and sue for damages.