City says it is not responsible in Fort Gibraltar collapse: court documents
The City of Winnipeg says it is not responsible for injuries a Winnipeg boy suffered when he, along with 16 other people, plummeted to the ground as a Fort Gibraltar walkway collapsed earlier this year.
It all stems from a school field trip to Winnipeg's Fort Gibraltar on May 31. The group of 17 people had been on the historical fort's walkway 20 feet above the ground when it collapsed.
Parents of one of the children filed a lawsuit against the City of Winnipeg and Festival du Voyageur, saying their child suffered significant injuries that have left him at risk of permanent disability.
READ MORE: Parents sue City of Winnipeg, Festival du Voyageur over Fort Gibraltar walkway collapse
Festival du Voyageur has since filed court documents denying responsibility, and now the City has filed its own statement of defence.
The defence says the city denies it knew or ought to have known the walkway was unsafe as alleged in the lawsuit. It also claims the city is not responsible for, or had control over, the condition of the property.
The city's statement of defence alleges if the child did suffer any loss or damage, it was the result of their own negligence.
"The particulars of which include failing to exercise reasonable care having regard to all of the circumstances," the defence reads.
The city is asking the court to throw out the lawsuit.
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