When families in Texas take their kids to a public park, they generally expect to have a good time and hardly ever stop to think of potential danger. Residents usually expect the city to ensure the safety of residents moving about a public park. In the unfortunate event of an incident where a life is lost, the city may face a wrongful death claim.
A Dallas County father took his 10-year-old daughter to a public park on May 18 and he left her in the company of friends so he could park his vehicle. While the father parked the car, the girl followed a track to a pond that was obscured behind a mound of soil. The father asserts that he could not see the pond from where he left his daughter. The tragedy is that the young girl drowned in the pond that day.
It was reported that warning signs at the pond were posted by the city on the day following the young girl’s death. City officials said that the purpose of the pond is purely for aesthetics and that it is not suitable for swimming. The city has reportedly denied that the pond poses any undue danger, stating that it is no deeper than eight feet. The girl’s father has recently filed a wrongful death claim against the city of Balch Springs because of this tragic incident.
Residents of Texas who have lost loved ones due to the negligence of the operators of public facilities retain the right to file wrongful death claims in a civil court. Successful presentation may bring about an award of monetary damages to cover end-of-life costs. Although it is impossible to put a monetary value on the life of a loved one, the financial aid may assist in covering the costs, and possibly bring some closure for the family after the tragic death of their child.
Source: khou.com, "Family suing Balch Springs after daughter drowns in park's pond", Jenny Doren, June 18, 2014