The family of a 9-year-old Gary boy who fell his death from a carnival ride last week at Highland's Fourth of July Festival is suing the ride's owner.

Kenneth J. Allen, a Valparaiso injury lawyer, said Friday afternoon the suit in Dakota Stevenson's name will not only determine how he fell to his death, but it also will send a message.

"We believe that rides like the Wind Shear are more perilous than people generally believe. These festivals, especially those with municipal sponsors, create an illusion of safety, an illusion belied by many injuries that go unreported each year," Allen said.

The suit names Midwest Midways of Steger, Ill., and Frank Briggs, president of the family-owned company, as defendants. Allen said he is not suing the town of Highland.

Allen stated in a written news release, "Dakota's family is now seeking answers as to why he fell, and more directly, why this tragedy was not prevented.

"One thing is for certain, it surely wasn't the fault of a 9-year-old boy. It's the responsibility of the people running the rides to make certain all of the people on them, particularly children, are safe and secure.

"If they didn't secure (Dakota), that was the operator's fault. If he secured (Dakota) and the machine malfunctioned, it's the machine's fault. It could be a combination of both."

A spokeswoman for the Fire and Building Safety Division of the Indiana Department for Homeland Security said Tuesday state inspectors could not find any mechanical malfunction that caused the mishap. Highland police said Friday they are continuing their own investigation.

Allen states, "Although the suit seeks unspecified damages, no amount of money in the world will compensate for the harm suffered by Dakota and his family."

His firm is representing the boy's father and grandmother.

Allen said he also has represented Joseph White, a man paralyzed by an Indiana State Fair ride, as well as the dozens who were held suspended for hours, upside-down, on a Six Flag's ride called The Demon.