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The parents of a Philadelphia teen who drowned while trying to save a friend in the Delaware River have filed a wrongful death lawsuit against a commercial development firm and its subsidiaries. The plaintiffs claim that the company had a duty to safely maintain their property for the public, who are welcome to use the property.
The suit claims that the defendants should have addressed any dangers on their property that pose harm to the public. Therefore, the defendants were negligent and responsible for their son’s wrongful death in May of last year from drowning on the Philadelphia side of the Delaware River, which abuts the defendant’s property.
According to the lawsuit, several teens were on the commercial developer’s bulkhead adjacent to the Delaware River when a girl stood up on the bulkhead. A plank and its joists broke, causing the girl to fall into the frigid river. The plaintiff’s son jumped in the river in effort to save the girl. Another person also jumped in the river and was able to pull the girl to safety. However, the plaintiff’s son drowned when he was taken under the current.
The parents are suing under Pennsylvania’s Wrongful Death Act and the Survival Act. They are trying to recover funeral expenses and administrative expenses they have incurred. They are also suing for medical expenses, emotional and psychological trauma, loss of life and future earnings. They are requesting a settlement of $50,000 for each count of their complaint, as well as court costs and interests.
It is unknown at this point if the judge will agree that the commercial developer was negligent in caring for this property and allowing the public to use it. The parents hope that they will be awarded just compensation for the extreme anguish they have endured over the wrongful death of their son.
Source: Pennsylvania Record, “Wrongful death claim filed by parents of boy who drowned while trying to save friend,” Jon Campisi, Aug. 27, 2012