Updated:PITTSBURGH (AP) (AP)ong> - The parents of a 2-year-old boy who was fatally mauled after falling into a wild African dogs exhibit last fall filed a lawsuit Thursday against the Pittsburgh Zoo & PPG Aquarium, claiming officials had ample warning that parents routinely lifted children onto a rail overlooking the exhibit so they could see better.
The lawsuit filed on behalf of Jason and Elizabeth Derkosh seeks unspecified damages in the Nov. 4 death of their son, Maddox. The boy fell from a wooden railing after his mother lifted him up to get a better look at the painted dogs.
The suit claims negligence and wrongful death, criticizing the exhibit’s design and safety.
“The exhibit was in a defective, dangerous and hazardous condition by containing an unguarded open and unprotected viewing window,” the suit states. “No structure, fence, wall, obstacle or protective barrier separated the helpless Maddox from the pack of African Wild Dogs.”
The bespectacled boy, who had vision issues, became the only visitor in the zoo's 116-year history to die when he unexpectedly lunged out of his mother's grasp atop the wooden railing and into a net meant to catch falling debris and trash, bouncing from it and down into the dogs' enclosure about 10 feet below.
According to the lawsuit, Elizabeth Derkosh tried to climb into the exhibit after her son, but was restrained by another zoo visitor.
"She was forced to watch helplessly as the African wild dogs savagely mauled and literally tore apart her son in front of her," according to the Allegheny County Common Pleas lawsuit filed by Philadelphia attorney Robert Mongeluzzi, an expert in construction site and other accidental deaths.
The boy suffered more than 220 injuries, mostly bites, and bled to death in the attack which included the "evisceration of his organs of the chest, abdomen and pelvis," the lawsuit said.
A zoo spokeswoman did not immediately comment.
"Elizabeth and Jason have asked us to find out why the Zoo had an unsafe exhibit, why they ignored warnings from their own employee regarding the very danger that killed Maddox and to ensure that no other family has to suffer the same unimaginable tragedy," Mongeluzzi said in the statement.
The suit claims the boy’s death was preventable and that the “zoo had a duty to protect patrons and failed.”
After the boy's death, the Pittsburgh Zoo closed the observation deck, then eventually decided to move the 10 dogs to three other American zoos. One of the 11 animals in the exhibit when the boy was mauled was killed by crews attempting to rescue the boy.
The suit alleges employees were careless and inadequately trained, using “blank tranquilizer guns and non-functioning and useless tranquilizer darts.”
Zoo President Dr. Barbara Baker said last month that the exhibit was being closed because zoo staff and surrounding community still "need time to heal" from the boy's death.
Although the county district attorney has determined there was no criminal culpability on behalf of the boy's mother or zoo officials, reviews by the U.S. Department of Agriculture and the Associations of Zoos and Aquariums were continuing.
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