SIOUX FALLS, S.D. (KELO.com) — The city of Sioux Falls is asking a judge to dismiss a lawsuit filed after a 5-year-old Iowa girl drowned in the Big Sioux River at Falls Park.
Attorneys last year filed a federal lawsuit against the city on behalf of Courtney Jayne, the mother of Maggie Zaiger. Zaiger fell into the river from riverbank rocks on March 18, 2018, during a family trip to the park.
In its motion to dismiss, the attorneys representing the city argued that officials responsible for park safety did not breach their duty to the public, noting that municipalities must be proven to have acted in willful or wanton misconduct to be held liable for injuries sustained on public recreational land, according to South Dakota law.
The lawsuit alleges the city had ignored recommendations to put up barriers to more clearly distinguish where the rock ends and the water starts.
Officials have since installed viewing platforms and walkways with railings to improve safety.
