In the 2025 decision of Sprowl v. First Capital, the
plaintiff, Rose Marie Sprowl, slipped and fell in a parking on
January 12, 2020. On that date she was almost 81 years of age. Ms.
Sprowl says that she slipped on a patch of ice and suffered
damages.
Both the snow removal contractor and owner were found
liable.
The snow removal contractor admitted to monitoring the weather
conditions, but stated that he did visual inspections and did not
actually get out of his vehicle to determine if there were icy
patches, especially between parked vehicles
The owner was found liable because although the owner hired a
reputable maintenance company, pursuant to Section 6(1) of the
Occupiers' Liability Act which provides that an
occupier will not be liable for a contractor's negligence if
(a) it acted reasonably in entrusting the work to the contractor;
and (b) it took reasonable steps to ensure that work had been
properly done, the Court found that the owner failed
