Woman who broke leg on Sun Peaks tube ride sues resort for negligence

KAMLOOPS – A Kamloops woman has filed a lawsuit against Sun Peaks Resort Corp., after a bumpier-than-expected tube ride left her with a broken leg.

Pamela Boileau said in court documents that she visited the mountain resort with her husband and their two young kids on Jan. 18, 2013.

Boileau claims no signs were posted restricting the age of children allowed to use the tube park when she embarked on a ride with her husband and their baby.

“The ride was very fast and bumpy and the tubes went high on the berm and then hit a big bump and the plaintiff’s infant daughter went flying out of her tube,” said the documents filed in B.C. Supreme Court this week.

“The plaintiff tried to stop her tube to help her child and sustained serious injuries to her lower left leg, including fractures of her tibia plateau, tibia and fibula.”

Boileau claims Sun Peaks was negligent by allowing young children to use the tube park.

The documents also allege signs were posted the following day prohibiting children under four from riding in a tube.

No dollar amount is listed, but Boileau is seeking general damages, special damages and interest, as well as money for past and future health-care costs.

In addition to Sun Peaks Resort Corp., four employees — two John Does and two Jane Does — are named in Boileau's notice of claim.

None of the allegations have been proven in court.

Sun Peaks has three weeks to file a response after it has been served.

Join the Conversation!

Want to share your thoughts, add context, or connect with others in your community?

19 responses

  1. Greeta McIntosh

    Come on people use your heads

  2. Jim Van

    Well said Ben!

  3. some one should callchild protection and charge the mom for endangering her baby.

  4. Has anyone thought to check this mother for some kind of mental illness?What NORMAL, responsible mother would endanger the life of her infant on a tube?And as for your broken leg……………who forced you to ride the tube?This is a sue society we live in, and someone has to put a stop to STUPID people reaping.I vote for Sun Peaks.

  5. this should be considered ride at your own risk…parental common sense was needed here not a sign.

  6. Geez. Both parents were there and thought that this was ok, negligence happened alright but it wasnt sun peaks fault. Idiots!

  7. Dave Oakley

    I feel bad for the kid….this woman probably lets her kid run with scissors and play with switchblades….stupid idiot parenting poster child.

  8. Dumb woman and man like where are you from !Everyone know how toboggan

  9. Guess that will be the end of tube parks at ski hills!

  10. Two points of stupidity on the woman’s part. First was taking a baby on a ride like that in the first place, signs or no signs. And secondly, suing for Past health care costs???

  11. That woman should have her tubes tied.In order to keep stupidity out of the gene pool.

  12. Angelee Blackmore-Isenor

    Court systems need to not reward people for their own stupidity.

  13. Welcome to the age of people that wont except responsibility for having to think for themselves.

  14. Isobel Sanderson

    It’s crap ,just after money from a company , very irritating ,take some responsibility for your own actions ,and use some common sense

  15. Pauline Wyatt

    Common sense…..eludes so many people……someone should file a lawsuit against her for negligence…..and this happened 2 years ago……hmmmm.

  16. Forget her leg: This woman and her husband need to have their heads checked. Who needs to be told not to take a baby tubing.

  17. I see we have another case of common sense not being to common. Followed by a case ” I was stupid so somebody should give me money”. Everyday I lose a little more hope for the survival of the human race.

  18. REALLY??!! Not a very bright star taking an infant down a tube ride in a tube park!!