With a zoo's history of guests "dangling children over the Wild Dogs exhibit" on their side, a couple successfully won a wrongful death lawsuit following the mauling death of their own son who had been raised above the same exhibit by his mother, as reported by the Detroit Free Press.
M.D. was 2 years old at the time he was mauled to death by a pack of African painted dogs in the Pittsburgh Zoo and PPG Aquarium on Sunday, November 4, 2012.
M.D.'s parents, J.D. and E.D., recently settled their lawsuit against the zoo and issued a joint statement that read, "Details of the settlement will remain confidential. The (D.) family and the zoo request that the privacy of all parties involved be respected."
The death occurred when M.D. disengaged himself from his mother's grip and fell approximately 10 feet from a wooden railing and into the wild dog exhibit. He was nearly caught in a netting – in place only to collect falling debris – however he bounced off the net and directly into the enclosed exhibit. The dogs attacked the child and he was killed.
The zoo, built 166 years ago, had never had a visitor killed on its property before.
The wrongful death suit was filed in May of 2013. The zoo countered the suit in September of the same year. The zoo claimed that E.D. alone was responsible for her child's death because she had lifted M.D. above a 4 foot tall railing, which was around the raised observation deck, to give him a better look at the wild dogs.
The attorney for the zoo had written, "The injuries and damages sustained by (M.D.), including (M.D.'s) death, were caused solely by the carelessness, negligence, and/or recklessness of (E.D.)…(who) knew or should have known he could fall into the exhibit" and that she was unable to "maintain a proper grasp of (M.D.) after lifting him over the railing."
Robert Mongeluzzi, the attorney representing the family, argued that it was the zoo that had "failed miserably in their solemn responsibility to prevent the attack" and the zoo added to that by "shamelessly attacked (M.D.'s) grieving mother."
Mongeluzzi filed a counterclaim by October – and he included excerpts from safety committee meetings held at the zoo as far back as 2008. Some of those statements detail that the "wild dog exhibit has one side of the exhibit that is open and a visitor was seen dangling a child over the exhibit through the opening" and "guest(s) are dangling children over the railing at the Wild Dogs exhibit."
However, according to Mongeluzzi, even though these issues were discussed at the zoo meetings no changes were made to the wild dog exhibit until after M.D. died.
Tracy Gray, the zoo spokeswoman, claimed that the zoo had met the safety standards set by the Association of Zoos and Aquariums. Additionally, the U.S. Department of Agriculture failed to find a problem in over 36 inspections they had done of the exhibit beginning in 2006.
The current exhibit now is housed with cheetahs, the wild dogs have been relocated to other zoos.
The expenses attached to the wrongful death of a loved one need not be borne alone. Contact a personal injury lawyer to discuss your situation and file your lawsuit today!