Wrongful Death Suit Filed Against Sioux Falls After Drowning Death of 5-Year-Old Girl

Sioux Falls is at the center of a new lawsuit filed in federal court over the drowning death of a 5-year-old girl last spring. According to the wrongful death suit, the city of Sioux Falls allegedly “failed to provide adequate safety precautions at Falls Park, where Maggie Zaiger drowned after falling from the river bank rocks into the water on March 18.” It argues that the city “had previously ignored recommendations to establish barriers to better distinguish where the quartzite rock in the park ends and the water begins.”

Sioux Falls is at the center of a new lawsuit filed in federal court over the drowning death of a 5-year-old girl last spring. According to the wrongful death suit, the city of Sioux Falls allegedly “failed to provide adequate safety precautions at Falls Park, where Maggie Zaiger drowned after falling from the river bank rocks into the water on March 18.” It argues that the city “had previously ignored recommendations to establish barriers to better distinguish where the quartzite rock in the park ends and the water begins.”

The lawsuit itself was filed by attorney Brendan Johnson earlier this morning and is seeking damages from the city “on behalf of Zaiger’s mother, Courtney Jayne.”

Prior to Maggie’s death, many suggestions had been made to the city in order to improve the safety near the water at Falls Creek, one of Sioux Falls most dangerous parks. Johnson said:

“In terms of other suggestions that have previously been made to the city, things like fencing would keep children away from the falls. It’s particularly important in particular seasons. When Maggie died, we know that’s when Falls Park is particularly dangerous.”

What made Falls Park so dangerous around the time of the child’s drowning, though? Well, according to Johnson, during the spring months foam builds up in the river. Prior to Zaiger’s death, her mother said she was fascinated by the foam and had “tried to reach out and touch it when she fell into the river.”

In addition to accusing the city of not implementing adequate safety precautions, the suit includes “photos of the foam billowing beyond the banks of the Big Sioux River.” It also states:

“Long before March 18, 2018, the Defendant had actual knowledge of a deadly danger in the park involving the river – a danger that many park visitors would not recognize. During spring runoff, the river’s heavy flow generates mountainous foam that looks like snow and can reach far onto the grounds beside the river, obscuring the river’s edge, as shown in the photographs.”

Since the child’s death, the mayor of Sioux Falls, Paul TenHaken, along with the City Council, has “authorized the construction of viewing platforms and railings at the park, aimed to bolster park safety.” While welcomed safety features, Johnson said they are features he and his client “wish had been in place the day that Maggie died. There are things that could have prevented this death.”

At the moment a specific dollar amount hasn’t been specified, though “cases filed in federal court require a minimum of $75,000 worth of damages.”

Sources:

Family of Iowa girl who drowned at Falls Park files wrongful death suit

‘It literally happened in 30 seconds’: Mother talks of 5-year-old daughter’s drowning at Falls Park