A lawsuit being filed against the City of Winnipeg and Festival du Voyageur after a platform collapse at Fort Gibraltar claims one of the students involved in the accident is at risk of “permanent disability”.
The statement of claim was filed earlier this month by the parents of one of the 17 students hospitalized on May 31 after an elevated platform collapsed during a school field trip at Fort Gibraltar in St. Boniface, sending the students plunging 20 feet. One adult was also taken to hospital.
Most children were treated and discharged that same day, but according to the lawsuit, one of the students suffered a left femoral neck fracture and a right forearm fracture and underwent surgery. The student will have to undergo further surgical procedures and has serious physical complications.
The student is also dealing with psychological trauma, a depressed mood, and mental suffering according to the document.
Fort Gibraltar has remained closed since the incident. The walkway hadn’t been inspected since 2006 and the lawsuit claims the city and Festival “failed to maintain the premises in a reasonable state of repair” and allowed the premises to “enter an unsafe condition.”
The city confirmed legal action has been filed, but declined to comment any further.
A request for comment to Festival du Voyageur has yet to be returned.
Associate dean of law at the University of Manitoba Jennifer Schulz previously told Global News a lawsuit filed by parents would likely be in their favour as the onus is on both the municipality and Festival to provide a duty of care.