A woman who was seriously injured after tripping on a rug at the top of a staircase sued a municipality in the Laurentians. The accident happened at the local public library. The result? The Superior Court ordered the municipality to pay the woman over $100,000 in compensation. But how does a court decide who is at fault in this kind of accident?
To be compensated for harm or injuries, someone must have committed a fault. To determine whether a fault occurred, the court must consider what a reasonable person would have done in the same situation. If the court finds that no one was at fault, you won’t get compensation, even if you suffered harm or were injured.
A fault can occur either by doing something that causes harm or injury or by not doing something you were supposed to do.
Was the accident caused by the woman’s medical condition?
The woman suffered multiple serious injuries from her fall in December 2019: a fractured left femur, several fractures in the right femur, and a torn tendon and ligament in her left hand.
She blamed her injuries on the “dangerous” way the rug was placed and the fact that the handrail wasn’t long enough to prevent falls in that area.
The municipality said it wasn’t responsible. It argued that the woman fell due to weakness in her legs, a symptom of her medical conditions: multiple sclerosis and foraminal stenosis (a type of spinal stenosis, a condition in which the space within the spine narrows).
The municipality asked the Superior Court to take her medical condition into account when evaluating the damage she claimed to have suffered.
Faulty setup of the premises
According to the Court, the municipality’s mistake wasn’t placing a rug at the top of the stairs. The fault was allowing the rug to extend beyond the edge of the flooring.
The judge also noted that, without a handrail extending beyond the last step, people with mobility issues risk losing their balance when using the stairs.
The court emphasized that municipalities, as owners of public buildings, have the responsibility to ensure that visitors can access the premises safely.
How to claim compensation from a municipality
There are specific rules for claiming compensation from a municipality. In most cases, you must give a written notice to the municipal clerk within 15 days of the accident to say that you plan to sue.
Keep in mind: Responsibility for harm or injuries can be shared. Sometimes, even the victim can be found partially at fault. If that happens, their compensation can be reduced according to their share of responsibility.