TAMPA, FLa — A family is now suing a South Tampa apartment complex after their three-year-old daughter fell out of a window and died. Their attorney claims the apartment complex told tenants to open their windows to prevent mold despite the lack of safety protection.
"She was just such a happy girl. She loved everyone. She was very sociable. She loved animals," Amy Daugherty, shared.
At just three years old, Riley Jean's parents describe her as a bold burst of energy and full of compassion.
"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 explained.
On October 15, 2023, the Daughertys lived at the Mosaic Westshore apartment complex. They said their windows were open because management had created an addendum to their lease instructing tenants to open them on dry days to prevent mold. Their attorney, Mickey Smith with Lesser Lesser Landy & Smith PLLC claims the complex failed to protect its residents.
"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.
Meanwhile, the Daughertys said their other daughter, Charlie, always wished for a sister, and on that Sunday, she refused to turn down Riley Jean's request to make bracelets together.
"They say little sis and big sis. They were just getting along so well. They were playing all day and they just loved each other so much," Daugherty said.
That Sunday quickly became a nightmare that wouldn't let up as Riley Jean fell from the fourth-floor window and died two days later.
The Daugherty's describe the trauma and pain as relentless.
"It angers you. It brings despair. Your hopes and dreams for your daughter are gone. She's never going to experience those things in life and that just tears me apart," Daugherty explained.
Smith claims this could have been prevented as surrounding buildings have protective measures in place.
"It's outrageous what they've done. They know how to provide window fall protection, they do it in other locations. It's cheap, it's easy to do. They may say that the apartment complex 900 feet away, was built after Mosaic was built. But they could have gone on amazon and fixed it in a day. It wasn't a complicated fix," Smith added.
The statistics are staggering for the Daughertys as they had no idea how common this tragedy can be.
According to UC Davis Health, each year in the United States, around eight children aged five or under die, and about 3,300 are injured from falling out of windows.
The Daughertys are now creating the Riley Jean Foundation as they raise awareness for other families while calling on lawmakers to implement the Riley Jean 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
We've contacted Mosaic Westshore and Willow Bridge Management for comment, but we have not yet heard back.
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