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ARTICLE · 27 MARCH 2014

Plaintiff And Municipality Equally Liable For Sidewalk Trip And Fall Accident

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The Ontario Superior Court of Justice recently awarded damages of over $200,000 against a municipality for a trip and fall accident on a sidewalk and applied 50% reduction for the plaintiff’s own contributory negligence.

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Grayling v. Haldimand (County), 2014 ONSC 198

The Ontario Superior Court of Justice recently awarded damages of over $200,000 against a municipality for a trip and fall accident on a sidewalk and applied 50% reduction for the plaintiff's own contributory negligence.

On November 25, 2009, the plaintiff, a 29 year old hairdresser, was walking from the salon where she worked to the drug store when she stubbed her toe on a difference in elevation between two sidewalk slabs. She took about five steps forward and fell onto her right arm, sustaining a right upper arm fracture and a full thickness tear of the rotator cuff. She commenced an action against the County of Haldimand (the "County").

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