A 79-year-old woman died and 11 people were hurt on Aug. 31 when a refurbished section of bleachers suddenly collapsed under the weight of fair-goers.
KENDALL COUNTY, Texas — Seven months after a section of bleachers collapsed at the Kendall County Fair, killing one person and injuring nearly a dozen more, the county district attorney’s office says there was “insufficient evidence to prove a criminal case beyond a reasonable doubt” in the Aug. 31, 2024, incident.
That conclusion, the office specified, doesn’t impact ongoing civil litigation.
The development comes after an investigation by the City of Boerne – which included the city contracting an independent structural engineer – found “insufficient” structural connection resulted in the collapse on Aug. 31, 2024. It led to the death of a 79-year-old woman and left 11 others injured, prompting three lawsuits to be consolidated into one case against the Kendall County Fair Association.
The refurbished bleachers area should have been inspected in the days leading up to the chaotic collapse, but Boerne officials said last September that it wasn’t. According to the City of Boerne, since the seating area constituted part of “an old structure that was salvaged” to feature new elements like a bar and VIP sections, fair organizers should have applied for a building permit that would have triggered an inspection.
Instead, the only permit the association applied for in relation to the event was a carnivals and fairs permit.
An independent structural engineer contracted by the City of Boerne to help in their investigation last fall found that the “collapse of a portion of the upper bleacher structure platform was due to the insufficient ledger-to-pipe post connection.”
“It is recommended that either an expanded study and design work be performed to locate, retrofit and/or replace all deficient components of these existing structure, or that the entire structure be removed and replaced,” the full report, submitted by Maxwell Engineering to the city on Sept. 17, goes on to say.
“This decision was made after careful consideration of the evidence presented to this office, and evaluating the ability to meet the burden of proof required,” the Kendall County Sheriff’s Office said about its decision not to pursue criminal charges. “Our heartfelt condolences go out to the family and loved ones of the individual that passed away and to those who were injured in this tragic event.”
The ongoing lawsuit against the Kendall County Fair Association claims the nonprofit was negligent. It’s seeking $1 million in damages for the plaintiffs.