- Date: 21 August 2010
- Victim’s Age: 11
- Victim’s Sex: Male
- Occupation: N/A
- Place: Ontario
- Circumstances: ride did not stop, making the victim fall to the ground
- Injuries sustained: a broken leg
- Compensation: $173,693
The sky ride incident
On August 21, 2010, an 11-year-old boy and his father were boarding the Sky Ride, an amusement device on the center island. It brings people up into the air to give them a view of the island from high up. They climbed upstairs to the platform and were let in by the employee manning the ride. The employee told them to stand on the painted feet and wait for the chair to approach from behind. The boy and his father were unaware that the chair would not stop for them to get on. As the chair approached it hit them. The father stumbled forward but the boy was knocked to the ground. He had hurt his leg in the fall.
The boy’s injuries
He was brought to the Hospital for Sick Children and x-rays showed that the boy had broken his leg. He had to undergo an operation to place a rod in his leg and he was put in a cast for 5 weeks. Prior to the accident, the boy had been diagnosed with a genetic bone disorder called osteogenesis imperfecta. This disorder causes soft bones that break easily. Therefore, a simple fall like the one on the ride caused his bones to break.
Liability
William Beasley Enterprises Limited (WBEL), the company that owned the Sky Ride admitted liability under the Occupier’s Liability Act. When boarding the ride, the boy and his father were not informed that the ride did not stop to get on. The employee did not warn them that the ride did not stop and there was no signage to let them know. Furthermore, there was no one that had gotten on in front of them for them to see how to safely board the ride. Moreover, the operating manual for the ride suggests that employees ask the customers if they need help or need the chair to be slowed down when boarding the ride. No one had asked the boy or his father if they needed help. The operation manual also indicated that there should be more than one employee manning the ride. At the time of the accident, there was only one employee on the ride. The judge determined that WBEL breached its duty of care and their negligence resulted in the injuries to the boy.
Compensation for the victim
The judge awarded the boy $140,000 in non-pecuniary damages, $30,581 for future expenses and $3112 in past expenses. The boy received a total of $173,693. His parents received an additional $81,000 under the Family law act for loss of companionship and future expenses.