TAMPA, Fla. (WFLA) — When families move into an upper-floor apartment, they aren’t always thinking of the potential dangers.

Now a Tampa family is calling for change after their daughter fell out of a fourth-floor window and died.

The parents of 3-year-old Riley Daugherty said the pain of their loss has been nearly unbearable. Riley’s parents told 8 On Your Side they are now working to get a law passed in her name to save the lives of other children.

“She was just a very happy girl,” said Amy Daugherty, Riley’s mom. “I look at back at all of her pictures and every picture her smile is the same happy smile.”

“Unfortunately, her life unnecessarily was ripped away from her and from us,” said Ed Daugherty, Riley’s dad.

Ed and Amy Daugherty lived at the Mosaic Westshore Apartment Complex in Tampa with their two young daughters, Riley and Charlie. On Oct. 15, their lives forever changed when Riley fell out of their fourth-floor window. Riley died two days later. She was just 3 years old.
 
“It’s one thing for me feeling the loss of my daughter and dealing with that, which is sometimes I just don’t know how I’m going to make it through the day, but to watch your 9-year-old daughter and your wife suffer every day just makes it so much harder,” Ed said.

The Daughertys want justice for Riley. By sharing their story, they hope to bring awareness.

“It’s a simple fix; it’s preventable,” said Amy. “It’s something that parents don’t think about. Tenants don’t think about.”

The family’s attorneys have since filed a lawsuit against the apartment complex and the company that manages it, Willow Bridge, for negligence. Neither company responded to 8 On Your Side for comment.

“Willow Bridge is a huge player in this industry,” said Mickey Smith, Lesser Lesser Landy & Smith partner. “Their website indicates they’re in over half the states. They’re one of the largest apartment property management companies in the country. They operate in states and jurisdictions that make it illegal not to have window fall preventions. They were aware of the risk. They are aware of the ways to mitigate the risk. It’s cheap, it’s easy to do and they did none of that.”

Smith said the complex told its tenants to open their windows to prevent mold but claims the complex did not have adequate safety measures in place to prevent someone from falling out, in particular, small children.

“These window stops you can go on Amazon and buy for about $8 a piece,” Smith said. “They’re cheap, quick, and easy to put in, but for whatever reason, they chose not to do that. The family hopes to pass Riley Jean’s Law here in Florida. It’s not going to help them and they’re suffering, but it will hopefully prevent it from happening again.”

The Daughertys are calling on Florida lawmakers to enact the “Riley Jean’s Law,” which would require apartment owners to add a child-proof latch that will prevent windows from being opened more than four inches.

Minnesota already has a state-wide window safety law that was passed in 2009. It’s named “Laela’s Law” after a 2-year-old girl. Laela fell through the screen of a fourth-floor apartment and was injured. The law requires the adoption of fall prevention devices on windows.

“We can’t bring Riley back, as much as we think about it all the time, so we’re going to fight for you, fight for your kids and we’re going to try to make a difference because if not us then who,” Ed said.

The Daughertys know that simple change will come at a cost, but they believe that cost is small if it helps saving a life like Riley’s.  

“It’s a shame that the world is not going to get to experience how amazing person she is,” Ed said.

Despite their deep grief and trauma, Ed and Amy made the decision to donate Riley’s organs. Riley gave the gift of life to two children and one adult.

To her family and the families of those recipients, Riley died a hero.