SIOUX FALLS, S.D. (KELO.com) -- The mother of the little girl who drowned in March at Falls Park has filed a federal lawsuit against the City of Sioux Falls.
The complaint for wrongful death of Maggie Zaiger, brought by her mother Courtney Jayne, says the City knew in advance of the problems the buildup of foam had on safety at the falls and failed to do anything about it.
The complaint, filed by Sioux Falls attorneys Brendan Johnson and Timothy Billion alleges:
"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 this photograph" (Photo attached showing pile of foam at the Falls.)
The complaint says that when trying to rescue Zaiger, Sioux Falls Fire Rescue had to spend time removing the accumulated foam from the spot where Zaiger slipped. According to the complaint;
"Emergency responders broke ice and took other steps to reduce the amount of foam in the area. It was approximately 20 minutes, or more, before emergency rescuers managed to pull Maggie from the freezing, foam-filled and ice-filled river. The child was in cardiac arrest. She was rushed to the hospital, but could not be saved."
The complaint also noted other instances where foam interfered with rescues at the Falls in March 2013. From the complaint:
"Jim Sideras of Sioux Falls Fire & Rescue was quoted as saying, “In some cases the foam was so thick that it was four to six feet deep, so you would lose your own people putting them into the water.”
The complaint also cites the so-called "safety audit" conducted by the South Dakota Public Assurance Alliance conducted in 2016 as constructive knowledge by the City of the dangers at the Falls.
The plaintiff is asking for over $75,000 in damages for wrongful death of her daughter and for Zaiger's pain and suffering before dying.
Click here to read a copy of the complaint.