- Date: May 24, 2001.
- Victim’s age: Adult
- Victim’s Sex: Female
- Occupation: N/A
- Place: Toronto, Ontario
- Circumstances: fallen as the result of pipes left on the sidewalk.
- Injuries sustained: broken elbow
- Settlement Amount: $92,597.25
The Trip and Fall accident
On May 24th, 2001 a woman was walking on a sidewalk when she tripped and fell landing on her hand, right knee, and face. She had fallen as the result of pipes left on the sidewalk. She only noticed them after her fall when she looked to see the cause. The owners of the property bordering the sidewalk had placed the pipes at the end of their driveway for garbage pick-up. The by-laws of the municipality state that metals are picked up by appointment only and the owners of the property had failed to notify the municipality. Therefore, the pipes were left on the sidewalk for 5 days which is when the woman tripped over them.
Victim’s Injuries from trip and fall accident
As a result of the fall, she broke her elbow and had to undergo surgery to repair it. She suffered minor injuries to her chin and right knee. She continues to suffer from chronic pain in her elbow years after the incident.
Liability
Initially, the woman brought the claim against the municipality and the property owner. The judge found the city not responsible for her injuries. The property owner was responsible for the sidewalk in front of their house. They had placed the pipes on it creating a safety hazard. Furthermore, the pipes were left there for an extended period of time since they failed to notify the municipality of the special metal pick-up they required. However, the judge found the woman 25% responsible for her injuries because had she been keeping an eye on her surrounding, she would have seen the safety hazard. Ultimately the property owner was held 75% liable for the woman’s injuries.
Compensation for victim
The women received a total of $92,597.25 in damages from the lawsuit. Her husband claimed an additional $11,250 under the Family Law Act.