Trip and Fall Claim

August 24, 2009, Kitchener, Ontario

Posted by: Robert Deutschmann, Personal Injury Lawyer

In a recent case (Holmes and City of Kingston) the plaintiff's shoe got caught in a crack in a roadway and wedged momentarily.  This caused her to fall and she suffered a transverse fracture at the base of her left foot.  It was dark outside at the time of the fall.  It was in an area where it is known that there is a lot of pedestrian traffic.  The area of the fall was the responsibility of the local municipality.  The plaintiff argued that there was a greater duty of responsibility on the municipality to properly maintain this area because it was known that there was higher pedestrian traffic using the area in a random manner.  However, the records showed that there were no prior complaints about the cracks.  Further, the cracks were there for two more years following the accident without further complaints or any reported incidents.  The Plaintiff was not successful in her claim as she was unable to show that the municipality was negiligent in failing to fulfill its statutory duty to keep the area of the road in a state of reasonable repair for purposes for which the municipality knew it to be reasonably and normally used.  The court also did not find that there was a higher standard of care that should be applied to the municipality. 

Posted under Personal Injury, Fractures, Pedestrian Accidents, Slip and Fall Injury

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Deutschmann Law serves South-Western Ontario with offices in Kitchener-Waterloo, Cambridge, Woodstock, Brantford, Stratford and Ayr. The law practice of Robert Deutschmann focuses almost exclusively in personal injury and disability insurance matters. For more information, please visit www.deutschmannlaw.com or call us toll-free at 1-866-414-4878.

The opinions expressed here, while intended to provide useful information, should not be interpreted as legal recommendations or advice.

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