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ARTICLE · 23 JANUARY 2020

The Five "C"s Of Trip And Fall Liability

CLC (Canadian Litigation Counsel)
Explore more from CLC (Canadian Litigation Counsel)

In our recent trial victory, Bzdziuch v Loblaws Companies Limited, 2019 ABQB 984, Loblaws was not found liable for the injuries sustained by the plaintiff after she tripped and fell over a pallet while exiting a grocery store cooler room.

CanadaLitigation, Mediation & Arbitration
Nabeel Peermohamed (Brownlee LLP)
Nabeel Peermohamed (Brownlee LLP)

Introduction

In our recent trial victory, Bzdziuch v Loblaws Companies Limited, 2019 ABQB 984, Loblaws was not found liable for the injuries sustained by the plaintiff after she tripped and fell over a pallet while exiting a grocery store cooler room. The plaintiff alleged that after she entered the cooler room, selected her eggs for purchase, and began walking towards the exit, she tripped and fell on an empty pallet that was protruding into the walkway causing significant injuries.

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In dismissing the case, Justice Brooker's reasons reflect several themes which this observer describes as the Five "C"s of Trip and Fall Liability: Credibility, Colour Contrast, Corporate policy, and Contributory negligence.

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