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Parents Grieving Death of Two-Year-Old Toddler Demand $900,000.00 in Damages from Tennessee

July 06, 2019

NASHVILLE, Tenn. — The devastated parents of a two-year-old toddler who died tragically in a Tennessee state park has demanded the state pay them $900,000.00 as compensation for the loss of their child. According to News Channel 3, the family was visiting Cummins Falls State Park when a flash flood swept away the baby boy while the family desperately attempted to escape. The legal claim alleges that the Tennessee Department of Environment and Conservation did not perform its duty to close the park because of the possibility of flash floods that fateful day like it had in the preceding couple of days. The state of Tennessee has 90 days under state law to deny or pay the claim. *

The notice of claim filed up the state government by the distraught parents alleges that park officials should have closed the park. Officials closed the state park in the days preceding the child’s tragic death because of heavy rains and flash flooding. One state park ranger said that the rains were so heavy and devastating that the water levels rose to a dangerous height in only two minutes. The torrents tragically washed the baby away, and rescuers found his lifeless body a few hours after his family reported the incident. Amazingly, 60 people in total needed to be rescued during that storm.

Tennessee state park officials made plans to install a flood warning system after two people died in a swimming hole at the bottom of a 75-foot waterfall. Flood waters overcame the two swimmers, and they drowned in that 2017 accident. However, bureaucracy and delays prevented the installation of the system that would have measured stormwater flowing into the park. The park can flood from water deposited by streams in the area even if it is not raining at the park. Officials have purchased a flood warning system but have not installed it at this time.

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All information provided by our blogs is general in nature and should not be relied upon as legal advice. Consult a Montlick attorney for details about your unique situation.

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