- A Minnesota couple is suing a Sioux Falls hotel after their 19-month-old son died after falling from a third-floor window.
- The lawsuit alleges the hotel window screens were easily dislodged and lacked safety features like warning labels or fall prevention devices.
A Lakefield, Minnesota, couple is suing a Sioux Falls hotel after their 19-month-old son fell to his death from a window on the hotel’s third floor in April, according to a complaint filed by a representative for the family.
The Sioux Falls Police Department found “no evidence of foul-play” in the child's death, according to the complaint. The family is seeking unspecified damages on counts of wrongful death, premises liability and survival action.
"While we have concern for the family and this tragic accident, at this time, we cannot comment due to pending litigation," President and CEO of Ramkota Companies, Josh Schmaltz, said in an email to the Argus Leader Friday.
Ramkota Companies owns the Clubhouse Hotel & Suites.
What happened in April 2024?
Alex and Kathryn Hein and their two children arrived at the Clubhouse Hotel & Suites in Sioux Falls on April 12, 2024, to celebrate an award Alex won through coaching high school basketball with extended family, according to the complaint.
The couple chose the hotel because it was marketed as “a family-friendly resort,” according to the complaint.
The lawsuit alleges the Heins are “cautious travelers” due to the age of their children. The pair brought a bed guard for their 3-year-old and a Pack n’ Play for their 19-month-old. The Pack n’ Play was set up by the windows of the room as it was away from hazards “like sharp corners, and cords or countertops.”
On the morning of the incident, after eating breakfast, Kathryn took the 19-month-old back to the room to clean and get ready to go to the Great Plains Zoo, according to the lawsuit. The mom “cracked the windows” in the hotel room to “let in some fresh air.”
Kathryn was preparing a cooler and diaper bag for the day at the zoo when she heard a popping noise.
The mother noticed the screen window had disappeared and the window was open more than she had cracked it moments before, according to the lawsuit. She realized she couldn’t hear her son babbling and yelled his name as she rushed to the windows.
The boy had fallen from the window. He was declared brain dead two days after the fall, according to the lawsuit.
The family decided to donate his organs, calling the child, who loved Batman and Spiderman, “a real-life superhero,” according to the lawsuit.
The couple continues to keep the memory of their son alive.
Both teachers, the couple created a memorial scholarship for their son for students in their school district. Alex’s basketball team has honored the boy with special warmup shirts, the dad posted on social media. A memorial golf tournament was held for him.
“I promise to keep your memory alive and live my life to the best of my ability to make you proud of your daddy,” Alex wrote in a September Facebook post.
A GoFundMe for the family has raised over $85,000 as of Thursday afternoon.
How did the child fall out of the window?
An investigation from the Sioux Falls Police Department revealed Kathryn and her son were only in the hotel room for five minutes before the fall occurred, according to the lawsuit. It’s suspected that the child crawled onto an ottoman near the window and fell through the screen.
Officers discovered it took “very little force” to displace the window screens, according to the lawsuit, noting “even just a fingertip” could displace the screen.
A sergeant with the police department noted the window created “a false sense of security,” as it wasn’t apparent the screen was unsecure, according to the lawsuit.
A forensic specialist studied the screen that had fallen out of the window, according to the lawsuit. There was damage to the side of the frame, but not to the screen itself.
Windows in the hotel did not have any warning labels, according to the lawsuit. Additionally, windows did not have fall prevention devices installed.
