- Date: September 23, 2011.
- Victim’s age: 27
- Victim’s Sex: Female
- Occupation: N/A
- Place: Ottawa, Ontario
- Circumstances: single-step change in elevation
- Injuries sustained: broken foot
- Settlement Amount: $212,659
Summary
Ottawa, ON – In a recent case that is making its way through the courts, a local woman is suing the Heart and Crown pub in Ottawa for damages she suffered after slipping and falling on their property. The fall caused her to break her foot, requiring surgery and extensive rehabilitation. The woman’s lawyer contends that the slip was due to a dangerous condition on the premises that should have been remedied by the pub owners. As a result, she is seeking damages for medical expenses, pain and suffering, and lost wages. This case highlights an important issue for business owners: ensuring that their properties are safe for guests or customers who may be injured as a result of a fall.
The Slip and Fall accident
On September 23rd, 2011 a 27-year-old woman was attending the Heart and Crown Pub with some friends. She had about one ten-ounce glass of beer and was waiting for another friend to arrive. She was on the patio and spotted him walking towards the pub and she made eye contact with him and waved. As she walked along with the patio closer to her friend, she did not notice a single step change in elevation and landed very heavy on her right foot. She fell to the floor in pain. Her friend drove her home that night, but she continued to feel severe pain and had her mother drive her to the hospital the next day.
Victim injuries from a Slip and Fall
At the hospital, she had an x-ray and CT scan that confirmed she had broken her foot. Her foot was casted, and she was sent home. Since the injury, she has had continual pain and swelling in her right foot. The pain and swelling will occur after one hour of walking, standing or any other weight-bearing activity. In 2015 she experienced increased stiffness, pain, and swelling, and x-rays revealed she had developed arthritis in her injured foot. The fracture did not heal correctly which causes a lot of pain and now she faces two surgical options
Liability of the pub
The court found the pub fully liable for her injuries. They found that there was no indication of a height change which presented a safety hazard. Also, the lighting especially at night was not sufficient to notice this height change. The courts found that the pub should have put signage, grip tape or some vibrant paint to indicate a change in elevation to the patio. The pub had breached its duty of care and its negligence led to the woman’s injuries.
Compensation for victim
The court awarded the women $100,000 in general damages, $5,509 in special damages, $50,000 in loss of competitive advantage and $35,900 for future care and housekeeping. In total, the pub was ordered to pay $212,659 for her injuries.