TAMPA, Fl. – In a tragic case of déjà vu, a second child who wandered from home in Rivertree Landing Apartments has died from falling into the Hillsborough River. It flows at the edge of the community’s property located at 6909 Indian River Drive.
According to a lawsuit filed against Rivertree Landing and its former Florida parent company, First Communities Management, toddler Sthella Victoria Lopez Feliciano approached an unsecured area of the river, falling off a sharp-drop ledge into the waters.
Suffering oxygen deprivation and catastrophic brain damage, she died two days later on February 24, 2020. Her mother, Barbara Feliciano, filed the suit as her personal representative, claiming the apartment community failed to provide or maintain an adequate barrier to prevent such accidents.
A similar case occurred on the property during 2005 when a three-year-old girl died after she and her two-year-old brother also fell into the river.
Several Better Business Bureau complaints describe alleged mismanagement at Rivertree Landing, and an earlier 2021 lawsuit was filed pro se by a tenant who accused the property of retaliation by not renewing a lease.
The tenant had filed a complaint against the property for allegedly, long-term fire hazards.
Feliciano’s attorneys are Shelby R. Walton and Michael A. Haggard of The Haggard Law Firm, Coral Gables. In an interview with The Free Press, a shocking truth about Hillsborough County building codes became evident.
Michael Haggard explained, “Unfortunately, there are no local codes requiring properties like Rivertree Landing to establish safety barriers (at or around waterbodies). But we will prove they failed to maintain safety. They’re not forced by the county, but they are still liable. Interestingly, they built the seawall, so at this point, you’ve got to maintain it.”
Haggard said the seawall is a ledge built to several feet above the Hillsborough River that is a straight drop into the waters. Without a slope progressing into the river, victims cannot be rescued and are rapidly transported away from land by what Haggard called “water with serious movement.” According to attorney Shelby Walton, there is no record indicating why Rivertree Landing constructed the seawall.
Haggard was asked where the Feliciano’s apartment unit was located in relation to the river. He stated, “The front door of the apartment is less than 300 feet from the water. The leasing office is at the top of the hill with a view of the river, as well. The property is marketed as a beautiful place to live.”
The Haggard Law Firm has represented several plaintiffs on Florida’s west coast including drownings in smaller waterbodies such as ponds and expressed concern for not only child victims but Florida’s disabled and senior citizens, as well. He explained, “The number one cause of accidental death for children under five in Florida is ‘drowning.’” “We need legislative support from the Tampa area to address this issue,” Haggard concluded.
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