- Date: January 26, 2003
- Victim’s Age: 53 years of age
- Victim’s Sex: Female
- Occupation: retired property assessor
- Place: London, Ontario
- Circumstances: fell over a set of metal grates in the entranceway of Costco.
- Injuries sustained: pain in both knees.
- Settlement Amount: $50,000.00
The Slip and Fall accident
A 53-year-old woman was walking into Costco on a snowy day when she fell over a metal grate in the entrance. She suffered injuries to both knees that continue to cause her pain years after the incident.
On January 26th, 2003, the woman was walking into Costco when she tripped over a slightly elevated metal grate in the entrance.
Victim injuries from a Slip and Fall
The victim suffered debilitating injuries as a result of a fall at Costco. She went to a medical center and received pain medication for the pain in her knees. X-rays were taken and they came back normal. She went and saw her doctor a few days later as the pain continued in both her knees. She went to physiotherapy and was diagnosed with traumatic patella femoral syndrome. Furthermore, the fall aggravated her pre-existing lower back and hip pain. She experiences pain in her knee while sitting and has difficulty using stairs. Some nights, she wakes up due to pain in her knees.
Costco liability
The judge determine that the elevated metal grate created a foreseeable safety hazard. Over time dirt had accumulated causing the metal grate to longer be level with the ground creating a tripping hazard. Costco failed to inspect the grate area before and after the accident. Inspection logs show that there were missed floor checks leading up to the incident. Following the accident, rubber carpets were placed over the grate which the judge concluded as a sign that the grate did create a safety hazard. Furthermore, a few months later the grate was removed during renovations. The judge found Costco fully liable for the woman’s injuries.
Compensation for victim
The court found that Costco was negligent in failing to maintain the grates in a safe condition and awarded the woman $50,000 in general damages, $50,736 in loss of past income and $67,500 for future loss of income. Her husband received $7,500 under the Family Law Act.