Tampa, FL – The attorneys of Lesser, Landy, Smith & Siegel, PLLC have filed a wrongful death lawsuit on behalf of the parents of a 3-year-old girl who died last year after she fell from a fourth-floor window when the screen gave way.“They used to call her the president of the class. She was, she was the leader. Her nickname was the president. And, you know, it’s so unfortunate that this world is not going to be able to experience her. So unfortunate,” Ed Daugherty said of his daughter, Riley.
On October 15, 2023, the Daugherty family lived at the Mosaic Westshore apartment complex in Tampa. It was a beautiful day in Tampa, and windows in the apartment were opened. An addendum to the lease specifically recommended doing so, to prevent mold. Screens were in place in the windows, but they were not rated for fall prevention.
Their attorney, Mickey Smith with Lesser, Landy, Smith & Siegel PLLC, said the complex did nothing to protect the safety of children living in their apartments.
“This addendum recommends raising the windows. It does not warn of the danger of doing so and then at the end of the addendum says if you don’t follow the terms of this addendum, you could be held responsible for any property damage,” Smith added.
The goal of the lawsuit is threefold: Seek justice for Riley and her family; raise awareness of the danger associated with children falling from windows and be an agent for change by holding Mosaic Westshore and the property management company, Willow Bridge, accountable for not taking any steps to protect the safety of children living in their apartments. Window fall prevention devices are inexpensive and readily available. For example, a device that limits window openings to a maximum of four inches can be purchased on Amazon for as little as $8.
“Falls from windows are the leading cause of severe injury to children 5 and under,” Smith said. “Willow Bridge was certainly aware of the danger and that the danger could be eliminated cheaply, but it did nothing.”
Over 5,180 children in the U.S. are treated in emergency rooms every year because of injuries from falls from windows – that’s more than 14 children per day, Smith said. This risk is generally not known to parents, but major hotels like Marriott and Hilton require window fall protection at all their properties, representing more than 2.3 million rooms.
Ed and Amy Daugherty are now creating the Riley Jean Foundation as they raise awareness for other families while calling on lawmakers to implement the Riley Jean’s Law which will require fall protection measures.
“If we can save one life through this, which I think will save a lot more I’m confident we’re going to, but even one life… That one life could have been our daughter…. We will never fully heal from this tragedy. Ever. We’ve accepted that so we can fight for others. That’s what we’re gonna do and we will not give up. I can promise you that,” Ed Daugherty said.
