A customer tripped on an unmarked pothole as she exited the store
In a recent decision, the Supreme Court of British Columbia ruled that convenience store chain 7-Eleven was liable for injuries sustained by a customer in a 2018 slip-and-fall accident.
The incident occurred on May 2, 2018, when Crystal Tommy stopped at the 7-Eleven for coffee before work. As she exited the store, she tripped on an unmarked pothole, which later caused significant injuries, including fractures to her distal fibula, lateral talar dome, and anterior distal tibia. Tommy’s injuries rendered her immobile for several months and left her with long-term physical and mental health challenges. She sought damages for the initial ankle injury and subsequent falls, including one in December 2018, which she claimed were exacerbated by the original accident.
In the ruling, the Supreme Court found that 7-Eleven had breached its duty of care under the Occupiers Liability Act. The act requires property occupiers to maintain a reasonable standard of care to ensure the safety of individuals on the premises. Tommy presented photographic evidence of the pothole, taken by a coworker shortly after the incident, showing it had been filled shortly after her fall. The court concluded that Tommy's testimony about the pothole and her fall was credible, noting that her account was not contradicted during cross-examination.
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7-Eleven argued that the pothole was small and that they had a reasonable system of inspection in place to maintain the property. However, the court found that the evidence did not support these claims. Testimony from a 7-Eleven asset protection supervisor revealed that, at the time of the accident, store inspections were based on “expectations” rather than documented policies or regular checks. The court determined that 7-Eleven had failed to demonstrate it had a reasonable system in place to prevent hazards like the pothole.
Tommy was awarded $175,000 in non-pecuniary damages for pain and suffering, in addition to future care and loss of earning capacity, bringing her total compensation to over $494,000. The court emphasized that Tommy’s injuries had a significant impact on her physical and mental health, as well as her ability to work, concluding that 7-Eleven’s negligence directly contributed to her injuries and ongoing limitations.
