A local business and social services agency are facing legal action after a boy was seriously injured while paying on an inflatable pirate ship at a Halloween party last year.
According to a statement of claim filed in B.C. Supreme Court in Prince George, the boy, whose age was not provided, was "bounced into the air by another child" and landed on his head on a cement floor about eight feet below.
He suffered a skull fracture, traumatic brain injury, loss of hearing and bleeding out of his right ear, bruising under his right eye, injuries to both his arms and tailbone as well as cuts and scrapes, and he continues to suffer from the injuries.
The incident occurred Oct. 30, 2015 at the Family Fun Centre, located in the Roll-A-Dome and operated by L.A. Promotions and Tent Rentals, which is named as an defendant.
The ship, "was not in a condition that was safe for use," the guardian contends in the claim. "There were no safety barriers, and the cement floor was not sufficiently padded to prevent injury to persons using the facility."
In turn, L.A. Promotions has denied responsibility, saying in a response to the claim that he utilized the attraction in a "rambunctious and unsafe fashion" and failed to follow instructions for safe use given to him by event personnel.
L.A. Promotions also filed a third party notice against Carrier Sekani Family Services, saying the agency "specifically agreed that it would provide adult supervision of the children at the event as opposed to paying L.A. to supply supervisors."
CSFS also expected 50 children would attend but the total was actually 89, according to the notice. About halfway through the event, many of supervisors broke away from their stations to line up for pizza and that's when the child fell off the ship, L.A. Promotions said.
In turn CSFS, has filed a response saying L.A. Promotions failed to supply and set up the necessary safety equipment and provide proper instruction for the ship's safe use.
The lawsuit was filed in June and CSFS's response was filed on Thursday. In the initial filings the attraction was referred to as an inflatable castle and the event as a birthday party, but in the exchanges with CSFS, it was described as a pirate ship and the event as a Halloween party.
The guardian is seeking relief for both general and special damages on behalf of the boy.
The allegations have not yet been tested in court.