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Trip and fall

Hauer & Co. > Personal Injury  > Trip and fall

Painted yellow line not needed to show a drop in pavement: change in asphalt colours can substitute

In the recent decision of Sapia v. Invermere (District), 2018 BCSC 1145, the court held a painted yellow line was not needed to identify a drop in pavement height, which could cause a fall.  The plaintiff, who was injured in a fall, sought damages from the municipality for negligent maintenance of a walkway leading to a senior citizen’s hall. On October 17, 2014, the plaintiff, Ms. Sapia, was 82 years old and a regular patron of the Invermere Seniors’ Hall (the “hall”). As she was leaving the hall, Ms. Sapia fell to her left in an area where the walkway...

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Property owner not responsible for icy sidewalk fall – despite bylaw requiring snow removal

Snowy and icy urbal streetscape

In the recent decision of Scheck v. Parkdale Place Housing Society, 2018 BCSC 938, the plaintiff, Muriel Winona Scheck slipped and fell on an icy sidewalk in Summerland, B.C. on December 29, 2015. ' The icy sidewalk separated Angus Street in Summerland from a senior’s housing facility operated by the defendant Parkdale Place Housing Society (“Parkdale”), where Ms. Scheck lived. The icy sidewalk was the property of the defendant, The Corporation of the District of Summerland (“Summerland”). All parties agreed that Ms. Scheck fell on Summerland’s sidewalk, and that she injured herself in the fall. The court was tasked with determining if either...

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Shopper awarded $755,549.25 after supermarket slip

Trip and fall, supermarket slip

In Harrison v. Loblaws, Inc. (Real Canadian Superstore), 2018 BCSC 575, the plaintiff, Lori Lee Harrison (“Ms. Harrison”) was awarded $755,549.25 after supermarket slip. Ms. Harrison made her claim under the Occupiers Liability Act, R.S.B.C. 1996, c. 337 (“OLA”) .  She was injured in an accident that happened on March 25, 2012, at Real Canadian Superstore located in North Vancouver (the “Superstore”). The events leading up to the supermarket slip were not in dispute. Ms. Harrison walked into the Superstore with her son Chris.  Chris’s phone rang and Ms. Harrison instructed him to answer his phone and to meet her in...

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Pedestrian Injury: District liable due to faulty utility-hole cover

Image of recessed in ground broken utility box. Risk of pedestrian injury

In the recent decision of Curtiss v. The Corporation of the District of West Vancouver, 2018 BCSC 509, the District of West Vancouver was held liable for the serious pedestrian injury Ms. Curtiss fell into an open meter box that was within a sidewalk owned by the District. There was no direct evidence as to how the lid to the meter box became dislodged. On the issue of liability, the question before the Court was did the District breach the standard of care by installing the meter box and lid at the location of Ms. Curtiss’ fall? If so, did...

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Injured party needn’t say exactly what she slipped on to establish liability

In Robinson v. 1390709 Alberta Ltd. 2017 BCCA 175, an action involving a slip and fall at a restaurant, the British Columbia Court of Appeal dismissed the appeal of a restaurant holding that the restaurant failed to demonstrate that the trial judge committed any palpable and overriding error. The trial judge found the restaurant 100 per cent liable for the accident, finding that the customer gave credible, reliable evidence that there was a foreign item or substance on floor that created a potential hazard for customers, that restaurant's employee was not credible, that floor's colour and texture made it difficult to...

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