A second family has filed a lawsuit against the City of Winnipeg, Festival du Voyageur and Gibraltar Dining Corporation after a walkway at Fort Gibraltar collapsed last spring. The first was filed in August 2023.
According to the statement of claim filed at the Manitoba Court of King’s bench on Thursday, parents of an 11-year-old boy say he fractured his left arm after falling nearly 20 feet at Fort Gibraltar, and has been diagnosed with nerve damage –effectively losing the use of his left arm and hand.
“His ability to perform basic tasks such as dressing himself, performing routine hygiene, eating and playing have been significantly impacted,” the claim said.
The claim also states the boy has psychological damage. “He has far less interactions with friends and has become withdrawn,” it said.
The parent’s accusations have not been proved in court, and defendants have not yet filed statements of defence.
The 11-year-old’s parents accuse the city, Festival and/or Gibraltar of failing to make sure appropriate inspection protocols were place and followed, to make timely repairs of noted problem areas, to warn the public of potentially unsafe conditions and keep them away from those areas, as well as to maintain the property.
Global News reports the walkway hadn’t been inspected since 2006, and that Festival could not re-open the site until a “complete and thorough” assessment of the entire property’s safety was done.
In October 2023, the city said it would be taking down the fort’s walls prior to this year’s festival.
While Festival du Voyageur declined to comment on the lawsuit, it said that Fort Gibraltar would be open for the Festival, which is scheduled to take place from Feb. 16 to 25 this year.
The City of Winnipeg said it did not have comment to provide at this time, and Gibraltar Dining Corporation did not get back to a request for comment by deadline.