Couple sues recreation park for child falling through bleachers

Catherine Melancon Oct. 1, 2012, 6:15am

Russell W. Beall

BATON ROUGE – The parents of a child who allegedly fell in a space between bleachers while watching a football game are suing the park commission responsible for the bleachers.

Brittany Hasbert and Derrick Albert, Sr., on behalf of their minor son, filed suit against the Recreation and Park Commission for the Parish of East Baton Rouge in the 19th Judicial Court on Aug. 2.

According to the suit, on Aug. 3, 2011, the plaintiffs' son was sitting on the top of a set of bleachers while watching a football game at Independence Park. The plaintiffs claim there was a large opening present when the bleachers were constructed, and the child fell through the large gap. They say that at the time of the incident, the boards at the top of the bleachers had a great degree of movement, and indicated the boards were defective, not properly fastened and/or otherwise needed to be replaced.

The defendant is accused of maintaining a defectively designed bleacher set on its premises, failing to warn it guests of the dangerous bleacher set, constructing and installing a defective bleacher set and failing to prohibit the use of the subject are bleachers by small children.

An unspecified amount in damages is sought on behalf of the minor child for medical distress and pain, which the plaintiffs claim the child appeared as if he was going to enter into a seizure when the incident occurred. The plaintiffs are suing for loss of consortium damages with their minor child and extreme emotional anxiety and stress caused by visually seeing their minor child in such a state.

The plaintiffs are represented by Russell W. Beall of Beall & Thies, LLC.

The case has been assigned to Division M Judge Kay Bates.

Case no. 614360.

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