A lawsuit has been launched against the Town of Athabasca over its alleged negligence to care for a town facility, resulting in the injury of a child.
A statement of claim reads that the Verhaeghe & Boisvert Law Office filed the suit in Edmonton with the Queen’s Bench of Alberta on April 18.
The statement says the plaintiff, represented by Brent Boisvert, is a minor child.
On Aug. 1, 2015, the child visited the Athabasca Skate Park with family, the statement continues. The child was riding a skateboard up a hill at the park, when they lost balance and fell.
The statement reads that as they fell, the child reached out to to catch their fall and hit an unmaintained portion of pavement, with jagged edges of thick steel and concrete. As a result, the child lost a portion of their finger.
The statement of claim also alleges that the loss of the child’s finger “was a direct result of the negligence of the Defendant to care for the Skate Park” and lists particulars: that the town did not maintain the pavement at the skate park; allowed the plaintiff to enter the unsafe area at the park; failed to give any or adequate warning of the jagged steel/concrete; and failed to take reasonable care of the plaintiff’s safety while they were at the park.
The statement alleges that this negligence led the plaintiff to suffer injury, loss and damage. The plaintiff is seeking damages in the sum of $120,000, interest, costs and other relief as the court may consider appropriate.
The Advocate reached out to the family for comment. Though there has been a response, no interview has been scheduled as of yet.
Boisvert confirmed that he was taking on the case, but had no comments on it before publication.
Normally, a defendant would have only 20 days to respond after being served in Alberta. However, lawyers hired by the town’s insurance company and Boisvert came to an agreement to waive the time limit.
“Right now, our insurance company is working with the file and, until we have a notice of defence,” said the town chief administrative officer Josh Pyrcz. “At that point, we will appoint legal counsel through the insurance company.”
