Three months after the death of her son, Emilie Kiser’s lawsuit declaration has been made publicly available. Emilie Kiser’s three-year-old son, Trigg, passed away in the hospital on Thursday, May 18, 2025, days after a drowning incident that left the toddler unconscious in a backyard pool.
Following her son’s passing, Emilie filed a lawsuit demanding that certain details about her son’s death be made private. This includes records of his death and footage of the accident. The online personality also filed a personal declaration about the grief and trauma she was experiencing.
As of August 21, 3025, Kiser’s emotional plea had been made public. In the document, Emilie described the incident as “the most severe and emotional event” she has ever been through
She also noted that disseminating the tragic news has affected the family’s “ability to even start to heal.”
It was also revealed in the statement that the TikTok influencer was not at home at the time the incident happened. She wrote that she would always second-guess herself as she wasn't around then.
“I was not home when this happened. I will forever second guess that decision, among many others.”
Emilie Kiser’s husband, Brady, was at home at the time of the incident, but was busy supervising their newborn son, Theodore. According to the police report, Trigg was left unsupervised for “more than 9 minutes, and in the water for about 7 of those minutes.”
More details on Emilie Kiser’s May legal filing
Emilie Kiser is a popular TikTok influencer known for her lifestyle and family-oriented content. She lost her first child, Trigg, in May 2025. She also shares another son, Theodore, with her husband Brady.
Following the passing of her first son, the influencer filed a legal declaration and filing that has now been made public. According to People magazine, Emilie Kiser spoke about her online presence in the May filing.
“Our love for our children has been shared and expressed worldwide, given my role as a social media personality with many 'followers' across a number of social media platforms.”
She emphasised how she wished to maintain the picture of a loving family, stating that releasing details on her child’s death would affect that image.
“Nothing we have shared as part of my profession has depicted or been intended to depict anything but deep and adoring love within our Family. That is how it should stay forever in my mind and the minds of all others.”
Emilie Kiser also gave examples of news sources that passed fake news after her toddler’s passing. She revealed that strangers and reporters invaded her family's privacy after the incident.
“The story of Trigg's tragic death has been all over the news, social media and online. I am now aware that Trigg's death was announced on social media less than 2 hours after he passed. In fact, Fox News wrongfully announced that he was dead immediately after the event.”
She added:
“Media has come to my front door asking for comment. Unknown people have come to my home and asked to 'pray over the house.' Cars have parked outside of my house and driven back and forth with cameras out their window, waiting for 'views.' And random packages are being delivered from people whom I do not know.”
The Arizona Superior Court for Maricopa County ruled in Emilie Kiser’s favour on June 3, granting the mother of one temporary confidentiality and privacy on her son’s passing.
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