Two Illinois residents filed a lawsuit alleging they were severely injured when a protection screen and rigging fell on them and multiple children at the Chicago Botanic Garden’s Lightscape event, a court filing revealed.
Ariel James and Shelli Loesch brought a lawsuit against the Chicago Horticultural Society, the Forest Preserve District of Cook County and Culture Creative, LTD, the UK-based company that manages the holiday Lightscape event, according to court documents. The Chicago Botanic Garden is owned by the Forest Preserve District of Cook County and managed by the Chicago Horticultural Society.
A complaint filed in Cook County Circuit Court stated James and Loesch were attending Lightscape at the Chicago Botanic Garden in Glencoe on Dec. 20 when “suddenly and without warning, the projection screen, rigging, and rigging supports” collapsed on them and James’ children, trapping them beneath.
James sustained a complex fracture of the left wrist – along with shoulder, neck and head injuries, according to the lawsuit. Loesch suffered a complex fracture of the left ankle, a fracture of the left tibia, a fracture of the coccyx and a head injury with loss of consciousness.
The lawsuit alleged both the Chicago Horticultural Society and Culture Creative failed to properly anchor the rigging and protection screen, didn’t maintain basic wind resistance safety standards, failed to warn attendees about the risk of a collapse and failed to postpone the event “in the presence of wind.” The suit also contained other allegations, including that the exhibit was installed in a way that increases the likelihood of collapse.
Culture Creative’s own requirement is “all artistic displays should withstand sustained winds of 45 miles per hour,” the lawsuit stated. The incident occurred at around 8 p.m., when wind speeds were roughly 16 miles per hour, according to timeanddate.com.
The plaintiffs said there was no weather event that caused the structural collapse.
The Forest Preserve District of Cook County is accused of willful and wanton misconduct, with the plaintiffs alleging the event was permitted without proper safety measures. Other allegations include the forest preserve district failed to prevent hazardous displays from being built and permitted rigging of displays that didn’t meet minimum safety standards and couldn’t withstand winds of 16 miles per hour.
The plaintiffs are seeking damages, including for past and future pain and suffering, medical expenses, emotional distress, loss of normal life and lost wages. Both have valued damages in excess of $50,000.
The Chicago Botanic Garden released the following statement to NBC Chicago regarding the lawsuit:
“We have been notified about a lawsuit and do not comment on pending litigation. We intend to review the filing carefully and respond appropriately. Visitor and employee safety is our first and foremost priority.”
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