A law firm representing the estate of a boy who drowned in a Kalispell MT septic tank has filed suit against developers, engineers and a small-town water and sewer district, charging negligence in the accidental death of 3-year-old Loic Rogers.
The companies that manufactured the tank and its lid were named in previous suits, and attorneys said an earlier complaint was made against the homeowner.
The boy’s sudden disappearance in January 2007 gripped the region’s attention, as searchers combed the east Kalispell area for days.
His father, Mark Rogers, had been visiting the home of a family friend the night of Jan. 24, 2007. Rogers told police that he took his son to the car, told him to get in, and then returned to the house for Loic’s sister.
He was away only a moment, he said, but the boy had gone missing. An Amber Alert was issued, and hundreds of volunteers scoured the community, working alongside local authorities, the FBI, the U.S. Border Patrol and the National Center for Missing and Exploited Children.
Two days later, Loic Rogers’ body was found, drowned in a septic tank located near the driveway.
Authorities ruled the death accidental, saying the boy had fallen in through a lid that had been damaged when a vehicle slid into it several weeks before. The homeowner later pleaded no contest to one count of misdemeanor negligent endangerment, and was fined $500.
In July 2009, the septic tank manufacturer was sued, charged with failing to include a “kid catcher” and failing to inform the homeowner that such a safety device was needed.
The latest wrongful death lawsuit names developers, engineers and the Evergreen Water and Sewer District.
The suit complains that no “kid-catcher” was installed on the tank access and that the lid was located too close to the driveway – less than two feet from a parking spot. It also notes that the tank riser was well above ground level, and was not strong enough to withstand impact from a vehicle.
The latest suit demands a jury trial, and requests payment for pain and suffering, as well as reimbursement for funeral expenses, lost income and other damages.
If you or a family member has been injured because of the fault of someone else; by negligence, personal injury, slip and fall, car accident, medical malpractice, trucking accident, drunk driving, dangerous and defective drugs, bad product, toxic injury etc then please contact the Fort Worth Texas Wrongful Death Attorney Dr. Shezad Malik. For a no obligation, free case analysis, please call 888-210-9693 or Contact Me Online.
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