- Date: September 27, 2012.
- Victim’s age: 61
- Victim’s Sex: Female
- Occupation: N/A
- Place: Ontario
- Circumstances: tripped on a protruding wooden post
- Injuries sustained: broke arm
- Settlement Amount: $236,626
On September 27th, 2012 a 61-year-old woman fell and broke her arm at an apartment complex. She was the tenant of the apartment complex and was retrieving keys that were being thrown down by someone from a balcony above. While retrieving the keys she tripped on a protruding wooden post and fell. She was in so much pain that she could not get up. After some time, her son found her and called the ambulance.
Victim’s Injuries from the Fall
She was brought to the hospital and was informed that she had broken her arm. Due to the location of the break, her arm could not be cast and her arm was placed in a sling. She had multiple follow-up x-rays which indicated that the break was not healing. As a result, she had to undergo surgery. The first surgery was unsuccessful so, she had to undergo a second one. She continues to have daily pain in her arm and it affects her ability to sleep. She had been previously diagnosed with depression and it only got worse after the fall.
Liability
The landlords of the apartment complex were found liable under the occupier’s liability act. The area at the back of the building had garbage strewn all over the place and there was poor lighting. They also failed to have a maintenance plan in place. The judge ruled that the landlords had failed to keep the property reasonably safe for people on it. As a result, they were held responsible for the woman’s injuries.
Compensation for victim
The judge awarded the woman $150,000 in general damages, $45,000 for past and future costs of housekeeping services, and $15,000 for future care costs such as her medication and treatments. In total the woman received $236,626 in financial compensation for her personal injuries.