Figueroa v. American Commercial Realty Corp.

Summary

In this premises liability case, a Florida toddler drowned in a retention pond behind a Florida shopping center. The parents of the child sue the shopping center and manager, claiming that the companies failed to adequately secure the pond behind the center.

Attorneys for Taychianna Figueroa and Gabriel Hodges, the child's parents, argue that the companies highlight the family-friendly nature of the shopping mall for marketing yet failed to maintain the adjacent pond. This, they claim, led to the area being unsafe for children and caused the boy's death.

Representatives for defendants claim that the boy's parents failed to properly monitor the child. They assert that the parents were aware of the child's tendency to run yet negligently left him unsupervised, leading to the boy wandering outside and drowning in the pond.

Outcome

Verdict for plaintiff.

Total damages: $3.75 million

Apportionment of fault:
American Commercial Realty: 37%
Live Oak Shoppes Group LLC: 10%
Taychianna Figueroa: 38%
Gabriel Hodges: 15%