REDMOND, Wash. - The family of a toddler killed at Redmond Town Center is suing the driver and the mall.
Susie Dreher, 2, died after she was hit by a car on July 1.
Investigators say the little girl left the play area at Redmond Town Center and ran into the street. She was hit by a car.
"Our little girl should still be here. She didn't do anything wrong," said Jonathan Dreher, Susie's father. "We need to do everything we can to make sure this doesn't happen to another little girl."
On Friday the Dreher family filed a lawsuit against Redmond Town Center, the driver of the car, the company that made the play area, and the driver's girlfiriend and parents -- it was their car.
The Drehers say Redmond Town Center didn't create a safe area for children to play.
They say there should be a fence around the play area that keeps children away from the street.
The lawsuit claims the bushes were overgrown so the driver couldn't see the toddler, and says the "SLOW, Children at Play" sign doesn't give drivers enough warning.
KIRO 7 checked the play area on Friday.
The bushes were removed and replaced with small plants. There still wasn't any barrier keeping children inside the play area.
"Not enough is happening right now at Redmond Town Center to make it a safe area for kids play," said Veronica Dreher, Susie's mother.
The driver of the car has not been charged. The King County Prosecutor's Office is reviewing the case.
Investigators at the Redmond Police Department say the 25-year-old driver was cooperative and passed all of the field sobriety tests. They said his driving did not appear to be impaired.
The Washington State Patrol toxicology report later showed he had drugs in his system.
It will be up to the prosecutor's office to decide whether to file charges.
Redmond Town Center says it takes the safety of guests seriously but couldn't answer questions because of the lawsuit.
The parties named in the lawsuit have 20 days to respond.
Susie Dreher was at the mall with her nanny and her 4-year-old sister.
Her sister saw the accident and is struggling. The girls were very close.
"Just so sweet. They'd sleep in the same bed, just were best friends," said Veronica Dreher, crying.
Susie had a baby sister who was one-month-old at the time she was killed.
The family shared a photo that shows all three girls, now forever cherished.
"There is an agony we carry with us and it's not something you ever get over."