An elderly pedestrian brought an action against a municipality after tripping on a raised sidewalk slab and sustaining serious injuries including a fractured hip requiring replacement.
The court found that a height differential of 15/16 inch between sidewalk slabs constituted a condition of non-repair under s.44 of the Municipal Act, 2001.
The municipality failed to follow its own annual inspection policy and did not establish a statutory defence.
The court accepted the plaintiff’s evidence regarding the measurement of the defect and rejected conflicting measurements from municipal witnesses.
Liability was established but the plaintiff was found 30% contributorily negligent for failing to watch where she was walking.
