Beverly Park drowned on Aug. 13, 2016 after her leg was sucked into a drainage pipe in Dawson Creek’s Rotary Lake. Her parents Todd and Brandie are now suing the park operators, the city and province. (Todd Park Facebook photo)

Beverly Park drowned on Aug. 13, 2016 after her leg was sucked into a drainage pipe in Dawson Creek’s Rotary Lake. Her parents Todd and Brandie are now suing the park operators, the city and province. (Todd Park Facebook photo)

B.C. parents sue city and province in 12-year-old daughter’s drowning at lake

Beverly Park drowned at Rotary Lake in Dawson Creek in August 2016

The parents of a 12-year-old girl who died after her leg was sucked into a drainage pipe at a man-made lake in northeastern B.C. are hoping their lawsuit against the city and others will lead to legislative changes.

Todd and Brandie Park are suing the operators of Mile 0 Park, the City of Dawson Creek and the province, claiming their daughter Beverly’s death could have been “easily prevented by putting in two bolts in a drain cap.”

Beverly was playing with friends at Rotary Lake on Aug. 13, 2016. According to the coroner’s report, the children were able to remove bolts that were holding a cover over a drainage pipe at the bottom of the lake, which was formerly designated as a pool. The cover subsequently came off, and Beverly’s leg was sucked into the pipe and trapped. As a result, her head was underwater.

On Wednesday, Todd told Black Press Media in an interview that Brandie and two bystanders had tried to pull Beverly loose, but were not successful until an attendant could be found to shut off the pump.

“She was sealed so tightly that three adults pulling on her could not get her out of that drain,” he said, adding that he was not there that day because he was doing safety training for a construction company. “My daughter in the meantime is being sucked into a drain because two bolts were not put in there.”

He believes the coroner’s report was wrong about the children removing bolts from the drainage pipe cover.

“That lid hasn’t been bolted down for years,” said Todd, suggesting it would be easier to clean.

As a construction safety officer, he said he has a unique outlook on the situation.

“If this ever happened out in the field … this thing would have had a whole different course of action.”

READ MORE: Survivor of near-drowning in B.C. lake viewing life through new eyes

According to the coroner’s report, first responders resuscitated Beverly after the pump was shut off and took her to a medical facility for treatment. But diagnostic testing would identify significant brain injury because of the lack of oxygen, and three days later, the girl was declared brain dead.

After Beverly’s death, the coroner identified a number of health hazards at the lake, including but not limited to inadequate fencing, no supervision, poor water clarity, inadequate safety and first aid equipment, as well as a single main drain that created a suction hazard.

A photo of Rotary Lake posted to social media when the lake was open, in 2015. (Mile 0 Park and Campground Facebook photo)

Northern Health issued an order under the Public Health Act that closed the lake, while an engineering assessment made recommendations to be carried out before it can reopen.

According to the public health provider, several of the hazards identified after Beverly’s death had been identified by public health inspectors before, as early as 1968.

READ MORE: Plane-tragedy similarities ‘fall on deaf ears,’ victims’ parents say

Beverly’s parents believe there should be higher consequences for the death of their daughter.

Lawyer Elizabeth Duerr told Black Press Media that her clients want Rotary Lake to be designated as a public pool again because pools require higher safety standards.

Duerr also hopes the lawsuit brings the B.C. Family Compensation Act in line with other law in Canada on wrongful deaths of children. The province allows for lawsuits to be brought, but she said they don’t offer the same compensation.

“Under the present legislation, the loss of dependants such as children, seniors and the disabled is legally deemed to be of no value compared to parents and other money-earners in B.C. families,” she said in an email. “This is morally reprehensible and not in line with legislation in other provinces.”

After filing an amended notice of civil claim on Oct. 7, Duerr and her clients are now waiting for the defense to file a response to their civil claim.

None of the allegations have been proven in court.

In the meantime, Todd said he thinks of his daughter every day.

“People say things are going to get better, but it doesn’t,” he said, adding that he wonders what she would be doing if she were alive. “Instead I stare at a picture and talk to it.”

In 1994, a five-year-old girl also drowned at the lake, which the chief environmental health officer at the time attributed to the murkiness of the water and overcrowded conditions.



karissa.gall@blackpress.ca

Like us on Facebook and follow us on Twitter

Just Posted

The Crofton trailer park home where the bodies of two people were found. (Photo by Don Bodger)
Mom still waiting for answers after daughter and her fiance found dead in Crofton

Pair discovered dead in their Crofton home in May identified as Rachel Gardner and Paul Jenkins

FILE – Perry Bellegarde, National Chief of the Assembly of First Nations, takes part in an event on Parliament Hill in Ottawa on Tuesday, July 7, 2020. THE CANADIAN PRESS/Sean Kilpatrick
Indigenous Peoples Day must be a ‘call to action’, says Assembly of First Nations chief

Discovery of children at Kamloops residential school site must lead to change, Perry Bellegarde says

CVRD to increase enforcement after audits reveal that curb-side recycling contamination in the district is well above acceptable limits. (File photo)
CVRD reports contamination in recyclables well above acceptable levels

Increased enforcement planned starting this summer

A conceptual rendering of the commercial plaza at 1130 Rocky Creek Road. (Town of Ladysmith/June 15 Council Agenda)
Rocky Creek commercial plaza passes public hearing

The proposed plaza at 1130 Rocky Creek Road would bring commercial activity to Ladysmith’s north end

The border crossing into the United States is seen during the COVID-19 pandemic in Lacolle, Que. on February 12, 2021. THE CANADIAN PRESS/Paul Chiasson
VIDEO: Border quarantine to soon lift for fully vaccinated Canadians

Eligible travellers must still take multiple COVID-19 tests

Fans watch the warm-up before Game 6 between the Toronto Maple Leafs and the Montreal Canadiens in NHL playoff hockey action Saturday, May 29, 2021 in Montreal. Quebec’s easing of COVID-19 restrictions will allow 2,500 fans to attend the game for the first time in fourteen months. THE CANADIAN PRESS/Ryan Remiorz
Two-thirds of Canadians say governments shouldn’t lift all COVID-19 restrictions

Poll reports Canadians who gained pandemic weight say they have gained 16 pounds on average

Paul Bernardo is shown in this courtroom sketch during Ontario court proceedings via video link in Napanee, Ont., on October 5, 2018. Teen killer and serial rapist Paul Bernardo is set for a parole hearing today. The designated dangerous offender, has been eligible for full parole for more than three years. Bernardo’s horrific crimes in the 1980s and early 1990s include for kidnapping, torturing and killing Kristen French and Leslie Mahaffy near St. Catharines, Ont. THE CANADIAN PRESS/Greg Banning
Killer rapist Paul Bernardo faces parole hearing today; victim families opposed

Designated dangerous offender has been eligible for full parole for more than three years.

People look over the damage after a tornado touched down in Mascouche, Que., north of Montreal, Monday, June 21, 2021. Dozens of homes were damaged and one death has been confirmed. THE CANADIAN PRESS/Ryan Remiorz
One dead and extensive damage as tornado hits Mascouche, Que., north of Montreal

Damage reported in several parts of the city, and emergency teams dispatched to sectors hardest hit

Chilliwack secondary school’s principal is apologizing after a quote equating graduation with the end of slavery in the U.S. was included in the 2020-2021 yearbook. (Screenshot from submitted SnapChat)
B.C. student’s yearbook quote equates grad to end of slavery; principal cites editing error

Black former student ‘disgusted’ as CSS principal apologizes for what is called an editing error

Skeena MLA Ellis Ross. (Photo by Peter Versteege)
BC Liberal leadership candidate condemns ‘senseless violence’ of Okanagan church fires

Skeena MLA Ellis Ross says reconciliation isn’t about revenge for past tragedies

A coroner’s inquest will be taking place at the Capitol Theatre in Port Alberni for the next week. (ELENA RARDON / ALBERNI VALLEY NEWS)
Teen B.C. mom who died following police custody recalled as ‘friend to many’

Police sent Jocelyn George to hospital after intoxication had gone ‘beyond the realm’ of normal detox

FILE - In this Nov. 29, 2020, file photo, Las Vegas Raiders defensive end Carl Nassib leaves the field after an NFL football game against the Atlanta Falcons in Atlanta. Nassib on Monday, June 21, 2021, became the first active NFL player to come out as gay. Nassib announced the news on Instagram, saying he was not doing it for the attention but because “I just think that representation and visibility are so important.” (AP Photo/John Bazemore, File)
Nassib becomes first active NFL player to come out as gay

More than a dozen NFL players have come out as gay after their careers were over

Penticton Indian Band Chief Greg Gabriel speaks to the Sacred Hearts Catholic Church burning down early Monday morning, June 21, 2021. (Monique Tamminga Western News)
Penticton band chief condemns suspicious burning of 2 Catholic churches

Both Catholic church fires are deemed suspicious, says RCMP

Most Read