Woman seeks $5,000 from City of Surrey after tripping in a crosswalk. Here's what B.C.'s small claims tribunal decided
CTV
The City of Surrey isn't on the hook for a woman's injury claims after she tripped in a crosswalk, B.C.'s small claims tribunal determined.
The City of Surrey isn't on the hook for a woman's injury claims after she tripped in a crosswalk, B.C.'s small claims tribunal determined.
The decision, posted by the Civil Resolution Tribunal Thursday, outlined an incident that happened about two years ago. Tribunal member Alison Wake explained that, on March 5, 2022, Jacqueline Lewis crossed the street at 152nd Street and 16th Avenue.
While crossing, the tribunal heard, Lewis tripped over a hole in the pavement.
"She says this caused her to stumble to the other side of the road, where she ultimately fell and suffered injuries," Wake wrote.
Lewis claimed $5,000 for pain-and-suffering damages as well as $80 for physiotherapy expenses. However, CRT's small claims maximum is $5,000, so her file was limited to that amount.
"The city does not dispute that Mrs. Lewis fell at the intersection she described, and that it is responsible for maintaining that intersection," Wake's decision says. "However, the city says that it is not responsible for Mrs. Lewis's claimed damages, for several reasons."
While Lewis did not directly accuse the city of negligence in maintaining the crosswalk, that is how Wake interpreted her complaint. To demonstrate negligence, Wake noted, Lewis would have to prove the city owed her a duty of care, the city breached the standard of care, she sustained a loss, and the city's breach led to that loss.
