Second lawsuit filed over Fort Gibraltar walkway collapse, alleging child can no longer use left arm and hand

A new lawsuit filed in the Court of King’s Bench in Winnipeg claims an 11-year old boy lost the use of his left arm and hand as a result of the Fort Gibraltar walkway collapse.

The elevated walkway at the replica of a fur-trade fort in St. Boniface collapsed during a field trip on May 31. Seventeen people from St. John’s-Ravenscourt School were injured and taken to hospital.

Defendants named in the lawsuit include the City of Winnipeg which owns the site and Festival du Voyageur and Gibraltar Dining Corporation, the operators of the fort.

The lawsuit, filed Feb 1, claims the boy fell approximately 20 feet to the ground and broke his left arm. The claim says he lost sensation in his fingers which spread to his entire left hand, wrist and arm due to injured nerves shortly after the incident and has not made a full recovery.

“His ability to perform basic tasks such as dressing himself, performing routine hygiene, eating and playing have been significantly affected,” the lawsuit said. “It is unknown at this time if the nerve injury will improve of if surgery will be necessary to attempt to repair the nerve injury.”

According to the claim, the boy suffered psychological damage and has also become withdrawn.

The lawsuit is asking for unspecified general, special, punitive and mental distress damages from the defendants “to be proven at or before trial;”.

The suit alleges the City did not properly “design, construct or supervise the design and construction of the Fort, and specifically the elevated walkway, in a manner that was safe and appropriate for its intended purpose,”.

They also allege the city failed to warn the public about any unsafe conditions at the fort, and did not ensure proper inspection protocols, if in place, were followed.

No statements of defence have been filed, and none of the claims have been tested in court.

Both the City of Winnipeg and Festival du Voyageur said they had no comment on the lawsuit at this time. 

Back in August 2023, parents of another child sued the city and Festival du Voyageur, saying their child is “at risk of permanent disability” from injuries they suffered from the fall.

The city and Festival both denied the claims in the lawsuit, and asked for it to be dismissed.