The plaintiff suffered a severe quadriceps rupture after slipping and falling on a poorly lit, defectively designed stairway at a Sandals resort in Saint Lucia.
The court applied Saint Lucian law to determine liability, finding the resort breached its duty of care as an occupier.
The plaintiff was found 25% contributorily negligent for descending the stairs in the dark.
Applying Ontario law for the quantification of damages, the court awarded general damages, future care costs, and special damages, rejecting the defendants' arguments that the plaintiff's pre-existing osteoarthritis or a subsequent re-injury broke the chain of causation.
