Latest News 2012 February Wrongful Death Lawsuit: Missing Septic Tank Cover in Rental Property = Child's Death

Wrongful Death Lawsuit: Missing Septic Tank Cover in Rental Property = Child's Death

A missing three year old girl, found at the base of an uncovered septic tank in the backyard of a rental home, is the subject of a wrongful death suit naming the property owners responsible, as reported by the Denton Record-Chronicle.

At approximately 6:30 p.m. on February 17, A.G., 3 years-old, was reported missing by her mother. As volunteers from the neighborhood searched the areas near the East Hickory Ridge Circle home, the child was discovered in their own backyard: she had drowned in the septic tank.

A.G.’s parents, M.G. and V.G. share the home with the child’s grandmother, L.G.

L.G. had leased the home from T.R. and I.R. and the G. family had lived there short of one month before A.G.’s death.

Earlier on February 17, the two women of the house were preparing dinner together in the kitchen. A.G. was playing in the home’s large backyard with two older relatives. When A.G., who was thought by the relatives outside to have entered the home, never showed, they began the search.

Within 15 minutes the mother had called for help. It was discovered that a septic tank was missing its cover in the backyard so they called for a septic truck to come and drain it.

A green lid marked for “irrigation” use was found alongside A.G.’s body.

In Denton County, per the city’s website, homeowners are responsible for insuring their tanks are safe and in working order.

Jim Gerards, representing the G. family, said, “I can say that the only way these folks can get through the day is to make sure this doesn’t happen to anyone else.”

Since A.G. died many have made declarations: The Tarrant County medical examiner said the death was accidental. Argyle police Captain T.C. said the cover was too small for the opening – and a child could easily slip through if stepped on. The G. family states that the R. family, after modifying the tank in 2005 to make it closer to the surface, was told by a backhoe operator that the locked lid was replaced with a green plastic lid. The R. family decided the cost for a new lid prohibitive and then failed to warn the G. family.

The amount of damages is unspecified but seeks recovery for A.G.’s suffering before her death, for the family’s suffering afterward, and for the loss of benefits for A.G. during what should have been her lifetime.

The R. family has alleged that the G. family should have supervised their child properly.

The R. family is suing the backhoe company stating that they were never told that there was a problem with the lid and they are also suing the grandparents for failure to adhere to a signed lease absolving the R. family of any responsibility in case of an accident.

A wrongful death lawsuit can sometimes appear convoluted and fraught with countersuits. That’s why you need to contact a personal injury lawyer for help!

Categories: Drownings, Wrongful Death

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