YOUR COMMENTS

They're probably hoping the camp ground has insurance and that the insurance company will go for a quick settlement. What a tragedy to lose this little girl, but this is not a worthy law suit. Negligence requires a duty, breach of duty, proximate and actual cause, and damages. The damages here are obvious, given the loss of life. The other elements are missing. Who brought this suit?
- Ron, Northwood

- Mike L, Pelham, NH; it was a 100yr FLASH FLOOD, dude. No one was expecting that kind of deluge. If you are near water (particularly a stream or river) and the rains are relentless you'd better pay attention. Don't listen to what others say has or has not happened in the past. PS: has anyone noticed that NH has had quite a few 100yr floods in recent history? Crazy.
- Cheryl, Derry

Having camped at Ames Brook, um, there is a BROOK, that runs through the campground. Brooks flood. DUH! Flash floods happen with heavy downpours. We stayed there during a heavy storm and left for an hour to make sure we stayed safe. common sense. However, in our litigation driven society, common sense is no longer common in the United States. I am sick of no one taking personal responsibility for themselves and their families.
- AC, manchester

J Loudon, NH
You make some good points but it has nothing to do with this case. Have you ever been to this campground to see where this site was located? Well I have this site was all by itself, and you had to cross a culvert to get to the site which end up down stream about 1000 yards away when it was all said and done. The campground owner should have never put that site in if he had know previously that that area had flooded, but instead he was looking at fattening his wallet.
- Mike L, Pelham, NH

Flash flooding happens SO quickly. And everyone knows that you don't drive into flood waters. Little Kaitlyn may still be with us if her family hadn't tried to drive through the flood waters. How would they feel if the grandparents or the state charged them with negligent homicide? Did others receive help that was REFUSED the Ferra's? If not, this lawsuit just doesn't make sense. No matter what the campground owners told them, they have the free-will to take their advice or not. The Marion's certainly didn't expect the kind of flooding that happened. Can you say 100 yr Flash Flood!
- Cheryl, Derry

TO RP, New Boston:

What knowledge was withheld? Heavy rains can cause streams to flood, basic logic. I check the weather everyday before sending my children to school - why didn't they check? If other campers were leaving in time, why didn't this family? This has caused unimaginable pain to this family but it is not anyone's fault.

And your argument about pretty trees falling and streams flooding is ridiculous at best. Really, if you need someone to post a sign saying these things might happen, you truly are just not smart enough to be out camping. It's not about making a quick buck and by the way, this is their source of income not some Ponzi scheme.

My condolences to the family and to the campsite owners. It must be hard for them knowing a little one lost her life on their property.
- Amanda, Derry

Mike L, Pelham, NH RP, New Boston
Under your view everyone in New Orleans should sue everyone else even though they built their houses under sea level or all those that keep building along the Mississippi river that keeps flooding or those that keep rebuilding where fires burn in California every year an how about all those along the coast of the US where they keep having hurricanes.... they should all sue everyone even though we all know it will happen again. Well actually I don't care if someone builds a house in all those locations, just don't come to me when it gets destroyed and say it was my fault. Same principle here, don't look for someone else to blame. People know when it is raining hard to get out of the way of a stream & you don't drive through flooded areas. "weather warnings and did nothing to help them when others began evacuating" another person and lawyer wanting to blame somebody else. Seems like other people new to evacuate. If people on juries would stop giving multi million dollar awards for these frivolous lawsuits they would stop.
- J, Loudon

For the few that have asked because they don't know, Tort Reform means that if you file an erroneous lawsuit and lose, you pay the court fees and legal fees of the defendant. It has the potential to save tons of money. You mostly hear about this as pertaining to health care, but this also is an excellent example.

Why? Because no business or person can be blaimed for weather. Even if this camp ground posted the weather forcast, the weather forecasts are often wrong. So what if they post that its not supposed to rain and then it does rain? Then by no fault of their own, they have misled people into a false sense of safety. By not posting forcasts, its up to the camper to look it up and determine if they still want to camp. How many of you don't check to see if its raining before camping? I know I check.
- Frank, Manchester

Here's just one example of the uninformed throwing out definitive absolutes when they are completely 100% wrong: Micki of Pembroke does not know the difference between Ames Brook in Ashland New Hampshire and some stream that runs from Epsom to Suncook. There's only a forty or fifty mile separation between those towns and his town of Pembrook sits between them. Please. There are very few posters on here who have first hand empirical knowledge of Ames Brook and this area so why not let those who do know do the talking for once.
- Tom, Dover-Foxcroft, Me.

"'Im not so sure I agree with everyone here. If, in fact, serious flooding had occurred at this spot before, perhaps the campground should post a notice."

-Your kidding right? I can see it now on a sign:

"WARNING: We once had a flood back in 1955, please be cautious!"

Sounds pretty stupid and like a waste of a tree to me.
- Chris, Laconia

The suit is a waste of time and money. I'd be surprised if they were awarded anything. They might even have to pay for the campground owner's defense.
- Steve, Raymond

What a shame they seek to point the finger for an "Act of God." It won't bring this poor little girl back. Their pain must be unimaginable, but this isn't the way to seek solace. May she rest in peace.
- JJ, Hooksett

Here's the deal - and please, feel free to disagree.

Seasonal income. Campgrounds in the summer, ski resorts in the winter; as examples.

You gotta pack them in when you can. You don't advertise things like you've sent a head injury to the hospital every other day, and a few died, or geez, we know our pretty trees can fall on you or our little, wonderful streams might make your butt wet in the night.

This lawsuit is not about an act of God. It is about the act of Man, trying to make a buck, with knowledge withheld.

Let it go forward and let a jury decide.

Based on the responses here, a fair jury may be hard to find.
- RP, New Boston

Yes, this was an extremely tragic event and our hearts go out to the family BUT come on now....Sue the campground? For what? Something that THEY had NO CONTROL over. You've GOT to be KIDDING? Only in America. What's next? Sue Mother Nature?
- J.T, Concord, NH

Really people - why are you blaming the lawyers. They are professionals that you hire. Ultimately it's the family who are choosing to dishonor their daughter's memory in this way. May she rest in peace.

It is not the campground owners fault the river flooded, it was not the campground owners responsibility to help them when others decided to leave. Ultimately the parent who was driving made the fatal decision to drive into flood water. It was a horrible mistake but it was not the campground owners mistake.
- tracey, manchester

My family has a summer home near this campground and we have driven by it for years. I can't see how the campground could have foreseen this flooding and how anyone could have prevented this tragic accident.
I feel so badly for this family and the loss of their child, but I seriously think that there was no possible way anyone could have foreseen this.
We saw Winona Road ripped up with gaping, massive holes. The water at Winona Lake was about 6 feet from our door when it's normally 25 feet away.
That very week, we left our summer home and went to stay at a hotel due to what we felt were dangerous conditions. This was not predictable. These poor people must be so anguished. I understand that they want someone to blame, but certainly not the campground people.
But, I dislike the tone of a few people's comments about this man blaming himself. These people were caught in a terrible circumstance and had to think quickly. It was a terrible accident, and nothing the campground or they could have done. Flash floods happen and then they do, people sometimes die. I cried for that child when I heard.
So sad, but please don't blame the campground.
- LHemy, Plaistow

Yes my heart goes out to the family. Yes what a tragic accident. And yes, another lawyer trying to make a quick buck....
- G Pauly, Concord

What I think everyone is missing here is that the lawyer has stated in the lawsuit he has on video tape that the campground owner telling the rescue personal,FEMA ,etc,, and everybody else on camera that this has happen before, right there tells me the site should never have been built in the first place. I am not a lawyer, but that is pretty good evidence right there. I am not a sue happy person but I do believe in what comes around goes around. My heart goes out to the Ferras family.Maybe the campground owners will settle out of court instead of putting you through that day again.
- Mike L, Pelham, NH

My heart goes out to the family. This was a tragic loss of life. However, the blame for this 7 year old girl's death does not lay with the campground. If I were the father, I would be putting the blame squarely on myself.

Acceptance of personal responsibility used to be an admirable trait in this country. It's been replaced by the culture of blame. Another sign of rot.
- Mike, Temple

My husband and I were camping that very same weekend in Campton, NH, just north of Ashland. We left a day early when we noticed major washout of dirt roads as well as stream and river swelling. We has learned from previous years living in NH what this weather is capable of doing. We got safely home to learn about the tragedy that very same day in Ashland. No told us we should leave, we followed our instincts! Its crazy to think that bad decision making on the part of this family is the campground owners fault. Its people who are all quick to sue that are making it hard for anyone besides the government to own a business in NH. So sad for your loss, but give me a break!
- M. Smith, Manchester

Please post the name of the attorney filing the suit.
- Michael, Manchester

To Jesse in Nashua-
If this lawsuit doesn't get thrown out for being a nonsense lawsuit, then it opens the doors for millions just like it.
If the campground owners have to post signs like that, then where does it stop? Mosquitoes carry EEE, West Nile, etc. Should they have to post that there are mosquitoes that may bite so they don't get sued? How about wild animals?
The list could go on and on.
These people need to realize that their kid is gone and they have to get on with their lives. Perhaps they should even look at themselves to blame for not checking their surroundings first. As Pauline said, the weathermen repeat constantly about small stream flooding and flash floods and what to do.
Perhaps they just can't take the blame for not being better prepared.
- Donna, Rye

How can they blame and sue the campground for a flash flood?

Does this mean that every campground situated on water, or near water is responsible if there is a flash flood. NO...

When we camp we LOOK for campgrounds near water. It would be OUR fault for not leaving and OUR fault for not listening to the weather, especially when camping.

My heart goes out to the family, but these lawsuits must stop some time and soon.

Why does everyone think that money is going to fix everything? When are people going to realize it doesn't? It never will...it's tragic that this happened, and I feel for everyone involved, but it's insanity to think suing the campground owners is the right thing to do.

Soon, we will not be able to enjoy the outdoors, go camping, visit amusement parks because there is too much "liability" involved. It's insanity. We, as people, need to take SOME responsibility for things, and we also need to realize that there are times things are out of our control.

My god bless this girls family.
- m1e1b1s1, claremont, nh

Ok my grandfather lives in one of the camp areas on the river that flooded. it did flood twice in less than 11 months how ever it wasnt the campgrounds fault...the fault does lay with some one...actually two towns. epsom who decided to open its flood gates suddenly with out warning any of the towns down river, and suncook who refused to open their flood gates once they realized the upstream gates had been opened. as a result a problem that was believed to have been fixed 11 months prior flash flooded evicting 100's of families and killing this little girl. the family has the right idea. but they are sueing the wrong parties.
- micki, pembroke

Can any of the earlier posters elaborate on what they mean by Tort Reform? So people shouldn't be allowed to seek resolution if they feel they've been wronged by someone else?
- Biff, Canterbury

So let me see if I have this correctly.... they were camping when it was raining. It started raining heavily, they got into the car to try to driveway...their car got flooded and started to float away.... the family was then ejected from their car from the floods? How does this happen? Did they leave all the doors open, or perhaps the windows? Or perhaps they saw the water coming toward them and tried to escape, but thought only of themselves and left their daughter trapped to die through their neglegence?
- Alex, Raymond

I agree with most of the posters here. This was a terrible accident. But how can these people possibly claim that the campground owners are responsible for the flood. What has this country come to? No one takes responsibility for his/her actions any more?

Maybe a greedy lawyer did approach the family, but the family did sign a contract with the lawyer. They were not forced into this lawsuit.
- Annalisa, Kingston

I am sorry for your loss, however, I dont believe that the campground had anything to do with it. They don't control the weather and being from that area, I know that by the time the weather beep their warning on my tv, the front has about gone by. If you are suing people, how about for not holding onto the child tightly enough or the car dealer for having windows that open. this is tragic but as stupid as what I just wrote sounds that is what they are doing. You drove thru the water, you made the decision to leave when others stayed. Take responcibility and finish your grieving with dignity and let your precious childs memory be a fond one.
- Cheryl, New Hampton

I'm not so sure I agree with everyone here. If, in fact, serious flooding had occurred at this spot before, perhaps the campground should post a notice. I think it depends on precedent in this location. On the other hand, if no flooding has occurred there before, then it would be impossible to place blame on the owners. If there is real reason for litigation, that doesn't make these people sue happy.
- Jesse, Nashua

We camped for years at Amesbrook and the stream is just that a stream. No rushing water, nothing over your ankles. To blame the owners for a flash flood is horrible. I understand the pain of loosing a child in this or any manner but to take your pain out on others by bring forth a law suit is not going to bring the daughter back or is it going to help them face the loss of their child. Perhaps some therapy would be a better place to be or donate their time to a worth wild cause instead of being angry, resentful and harmful to others who had nothing to do with the weather that day. I feel for both the parents and Vern & Barb. We always found them to be very responsible camp owners.
- Diana, Moultonboro

I'm confused. How is the campground responsible for rainfall?
- Walter, Concord

Hmmm, let's see- flat lands, brooks nearby, it couldn't POSSIBLY flood, right?
WRONG!
How many times have the weathermen warned people of this? Small brooks can become raging rivers in a matter of seconds.
These people need to move on, money is not going to bring the kid back.
- Pauline, Franklin

Tragic. But wow, what a sue happy country we are. I see nobody at fault here. Accidents happen. If anything, maybe the vacationing family should have taken the precaution of checking the weather. Blaming will not fulfill any guilty obligations they might feel.
- Jacob, Derry

I wouldn't be so quick to blame the family in this case. I'm sure there is a lawyer in the background who has pushed them toward this action.

I lost a daughter due to a medical condition and probably could have made a case against her doctor. What would be gained? There was no intentional act. I was not financially dependent on my daughter. There was certainly "pain and suffering" but, you know what, that's life.

Getting rich off an incident like this is unthinkable, except for lawyers.
- George, Bedford

I can't help but wonder if it was a greedy Lawyer that maybe approached the Ferras' and convinced them to sue...

You know, "This won't cost you a cent but when we win I'll only take a third of whatever you get..."
- Chris, Chester

I'm agreeing with everyone here on this page. What happened to this little girl is tragic and very sad. However, you can't hold people responsible for mother nature and her tendacy wreak havoc on everyone. Seems there was bad judgment on the part of the family and sometimes when people know they were wrong, they try to pass the buck. Except in this case, they're trying to get the bucks passed to them in the form of this lawsuit. Money won't bring the child back, it won't make anyone sleep any better, all it can do is further damage to everyone involved.
- Bill, Manchester

The key words here are: Flash Flood. How can the family blame the camp ground owners. Does the family claim they had no responsibility to pay attention to the weather reports?

Very tragic but even more tragic is how the family is trying to blame the owners of the campground for a weather related accident.
- Jeff, Manchester

DP, Manchester: I totally agree.

While this was a tragic accident it was just that. And an act of nature as well.

Until those bringing suits such as this are held personally financially liable for the outcome we will continue to have such selfish litigation.
- Sandy, Thornton

"Two words - Tort Reform
- DP, Manchester"

-Couldn't have said it better myself.
- Chris, Laconia

I hope the Ferra's will rethink what they are doing. I am sorry for your loss, I can't imagine your pain but this isn't going to make things right.
- Maria, Manchester, NH

The weather is the only matter to blame here. Not the camp ground owners!!! This is unbelievable. Money hungry is what I take from this! My heart goes out to this family.. it a horriable ACCIDENT! But the camp ground owners did not plan this flood!!!
- kate, Bow, nh

Every time there is heavy rains anyplace people are told to not drive through the water but they do. Just yesterday with the 20 inches of rain in Georgia the majority of the deaths have been caused by people driving through the high water. In the floods of 2006 I tried to stop cars as they drove past my flooded property on the road that was under water with the road plainly washing out on the far shoulder. About 25% refused to stop and just drove through the water. While that area has had floods it has not had people drive into the floods up until now. It is the drivers fault for attempting to drive across a flooded area and yet as has been pointed out , no one appears to accept that "they" can be at fault but rather it is someone else's fault that they messed up. It's just like Hurricanes and other floods when people are told to leave and they don't and when forced to leave they sue. When it does not turn out to be as bad as predicted that businesses sue for lost business and others complain that the authorities over reacted.
- Don Armstrong, Henniker

Oh my god. I can't even believe this. Sure the campground owners because of a weather related accident? What next? Sue meterologists?
The owners "failed to warn them about weather warnings?" Are you serious? This is very sad because not only has the family lost their daughter but now they will bring a law suit that will only dredge up the saddness.
- Mike, Manchester

I don't see how this lawsuit is going to bring back there daughter either. What it will do is dig up old wounds and dig up even more for the campground owners of how and who installed that culvert. When the father could have walked 50' to higher ground still makes no sense to me and I am sure it eats at him as well.
- Mike, Pelham

Tragic, and I can't imagine their pain....

But, they were the ones that decided to try and cross a stream with the SUV. Anyone with any sense knows not to try and cross a flooded road with a vehicle. A SUV is not a boat nor is it indestructible. Even if you do try, don't do it with the family in the car! Make sure it is safe, then go back. Bad judgment. But personal responsibility has not been in vogue for many years.
- Larry, Derry, NH

Two words - Tort Reform
- DP, Manchester

Well put Frank...
- JSF, Manch

I've always wondered how people can justify suing someone over and act of God. It truly is tragic and heart-breaking that they lost their daughter, something that can never be replaced, but to blame someone for excessive rainfall is really low. Maybe Mr. Ferra should consider suing the maker of the SUV for allowing it to be swept away.
- Doug, Gilford

Sorry for the loss, and what a terrible accident. But it is just that, an accident. You cannot blame anyone other than mother nature in this instance. No need to place blame on someone else for lack of action, when the family could have very well taken action on their own. Will the guilt of someone else take away the feeling of guilt of the family? When this suit is all said and done, all it will accomplish is bringing up old wounds, and the innocent child is still gone. I see no need as to why some people need to place the blame someplace else as often as is being done lately.
- Frank, Gilford

my heart also goes out to this family but to blame the campgrounds owners for not keeping them informed of the weather is wrong. Everyone has access to weather information so that is something they could have taken responsibility for.
Having grown up in that area (and being involved in the flooding of '75) it doesn't take a rocket scientist to see the river is right behind the campsites. The brook (which it is under normal circumstances) can rise very quickly during torrential rains. And that is something anyone could see w/out having to be told.
It was tragic what happened to this family - undeniably tragic. But they could have easily seen the river and made their own call to leave prior to when they did. Suing the owners of the campground won't bring their daughter back, nor will it make them sleep better.
- Mary, hampsha76@yahoo.com