In what circumstances will a plaintiff bring an action for personal injuries arising from a fall down a steep staircase?
British Columbia, Canada
The following excerpt is from Dufault v. Kathed Holdings Ltd. et al, 2007 BCSC 186 (CanLII):
In Dorsey v. Austrian Chalet Ltd., [1992] B.C.J. No. 1766 (S.C.) the plaintiff brought an action for personal injuries suffered in a fall inside her suite arguing that the hotel stairs had been constructed negligently. The defendant argued that the plaintiff failed to keep a proper look out. At p. 7 of the decision Clancy J. states: She knew the staircase was steep. In my view, she should have taken special care to ensure her own safety in negotiating the descent of the staircase. Instead she approached the descent at a “normal” rate of speed and without special precautions. I conclude she was contributorily negligent.
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