Boy injured in walkway collapse during field trip may be permanently disabled, parents say in lawsuit

The parents of a boy who fell from an elevated walkway that collapsed during a school field trip earlier this year are suing the city and the Festival du Voyageur, saying their son might be permanently disabled afterthe fall.

The parents allege their son required surgeryafter falling roughly five metres and fracturing his hip and right wristin an incident at Fort Gibraltar in Winnipeg's St. Boniface areathat sent 17 children and one adult to hospital.

He also had serious physical complications from the injuries and will still need to undergo more surgeries and incur extra medical expenses, a statement of claim filed in Manitoba's Court of King's Bench on Aug. 11 said.

The boy is also now afraid of heights, and suffers from anxiety and a low and depressed mood, in addition to being "at risk of permanent disability," the lawsuit said.

No statement of defence has been filed. A spokesperson confirmed the City of Winnipeg has been served but said in an email they were not able to comment further.CBC did not immediately hear back fromFestival du Voyageur.

The walkway collapsed while a group of 10- and 11-year-old students from St. John's-Ravenscourt School were on a field trip to the site in May.

A total of 28 people were assessed at the scene, and three of the children taken to hospital were in unstable condition. Most of the injuries they suffered were orthopedic-related and none were severe or life-threatening and only one injured boy had to stay in hospital to get orthopedic surgery for a fracture, officials said at the time.

Drone footage shows collapsed bridge at Fort Gibraltar in St. Boniface

1 year ago

Duration 1:01

Seventeen children and one adult were taken to hospital with broken bones and other orthopedic injuries after falling four to five metres when a platform collapsed at Fort Gibraltar in Winnipeg during a visit by St. John's-Ravenscourt students on May 31, 2023.

Fort Gibraltar is a 1978 replica of two earlier forts of the same name. The original fort was used as a centre for fur trade commerce and early settlers in Winnipeg.

The historic site is now owned by the city and managed by Festival du Voyageur, an annual winter event that celebrates the area's fur-trade history.

After the walkway collapsed, the city said it directed the Festival du Voyageur to retain a professional engineer to assess the entire complex for any unsafe conditions and do any necessary repairs. The reason for the structure's collapse was not confirmed.

The last time the walkway was inspected was in 2006, and the last time it had been repaired was in 2004, a city spokesperson said at the time.

The lawsuit accuses the city and Festival du Voyageur of negligence,"failing to remediate a hazardous condition and thereby creating a highly dangerous trap" and "failing to take reasonable or any precautions to avoid a reasonably foreseeable accident."

The boy's parents are also seeking punitive damages, alleging the defendants invited people to use the elevated walkway when they knew or should have known it was unsafe.

"The actions and inactions of the Defendants demonstrate reckless disregard for the safety or lives of others," the statement of claim said.

"Given the grossly negligent conduct of the Defendants, punitive damages are necessary."