British Columbia Supreme Court finds 7-Eleven liable in slip and fall accident case

In a recent decision, the Supreme Court of British Columbia ruled that the 7-Eleven supermarket chain was liable for injuries sustained by a customer in a slip and fall accident in 2018.

The incident occurred on May 2, 2018, when Crystal Tommy stopped at 7-Eleven for coffee before work. As she was leaving the store, she tripped over an unmarked pothole, which later resulted in significant injuries, including fractures to her distal fibula, lateral talar dome, and anterior distal tibia. Tommy's injuries immobilized her for several months and left her with long-term physical and mental health problems. She sought damages for the initial ankle injury and subsequent falls, including one in December 2018, which she said were exacerbated by the original accident.

In its ruling, the Supreme Court found that 7-Eleven had breached its duty of care under the Occupiers Liability Act. The law requires property owners to exercise a reasonable degree of care to ensure the safety of those on the property. Tommy presented evidence of photographs of the pothole taken by a co-worker shortly after the incident, which showed that the pothole had been filled in shortly after her fall. The court concluded that Tommy's testimony about the pothole and her fall was credible, and found that her testimony was not refuted during cross-examination.