Woman Sues City of Penticton

[daceri]

Sometimes people sue because the City isn't taken their complaints seriously or the city doesn't fix the items that caused the fall. Suing maybe be is the only way that Cities will actually be more vigilant in repairing things before accidents happen. It isn't about the money, but more about making a statement publicly to the the Cities to fix their stuff before someone else gets hurt!

[twobits]

Sometimes people sue because the City isn't taken their complaints seriously or the city doesn't fix the items that caused the fall. Suing maybe be is the only way that Cities will actually be more vigilant in repairing things before accidents happen. It isn't about the money, but more about making a statement publicly to the the Cities to fix their stuff before someone else gets hurt!

And maybe people should just take some responsibility over what terrain they are navigating and quit trying to blame someone else for their inattention to their surroundings.
Perhaps taxpayers should pay for someone to hold their hands while navigating stairs rather than insurance liability premiums for those that don't look at what their own feet are planting on?

[daceri]

And perhaps the city should take responsibility for their neglect. There are public spaces and facilities that haven't been fixed - I have family who have been hurt (no they haven't sued but I wish to goodness that they would). Their quaility of life has diminished, I need to take time off work to help them because of their injury due to the City's neglect. Bottom line - as a taxpayer - fix your stuf!!! We don't need broken hips, arms and concussions because the City is too lazy or cheap to fix it. The cost to us as a community ends up being more costly with care aids and interior health occupational therapists coming in to help. Plays, cannons always see a loose step? No of course not. You don't know if it is loose until you step on it.

Perhaps twobits you don't have elderly parents? Maybe if you did you would maybe understand some of their needs. It is not because they aren't observant. Bottom line the City has a responsibility to keep things in repair, if they don't repair them, even after people bring it to their attention - I say sue. The City had the chance to fix it and were being irresponsible in not doing so.

[Dizzy1]

I love this expression ...

loss of enjoyment of life

... Really? You hurt yourself, it'll heal - get some rest and enjoy your time off. Sit on the couch and read some books. Watch a bit of Netflix, start a new hobby or something - you know, the things normal people do when they've got a boo boo.

She'll get her payout, and when she's spent it "enjoying her life" again, she'll claim PTSD or what ever trendy disorder the legal beagles come up with and go for more money.

[daceri]

Are you kidding me Dizzy1? Have any of you ever stopped to consider that maybe it is more serious than that? Perhaps they don't have extended healthcare and can't afford to pay for physio for it to heal properly and then 2-5 years down the road they have additional health issues.

I am really happy for you that you haven't been in this situation. Clearly you haven't had a fall and 9 months later you are still limping, you can't move your arm properly so you can't even hang up clothes or put dishes away because you can't reach the shelves. Really, that is great and I sincerely hope that you aren't in the same spot that some of these people may be in. If you are, I really hope you have someone who can advocate for you, who can get you the proper therapy to get you well, so you can lead an independent live, not relying on others. And if you don't have someone who will help... well remember what you said - Karma, it can come around.

But if you are all concerned with the City being sued due to neglect of their facilities and public spaces, maybe get off these forums and be good corporate citizens. Report something that you notice that isn't in good repair. Maybe support extra staff when requests go in to Council, so they can properly monitor their spaces, instead of bemoaning your taxes.

Maybe instead of thinking the worst of everyone and and that they are out to scam people (which I am assuming is what the negative comment people would do - as that is where your minds first went), maybe take a step back and look a how run down and broken the City is becoming and do something to fix it!

Maybe try to give people the benefit of the doubt and they really are suffering or need the help to get better.

Bottom line - if the City is neglectful in maintaining their stuff.... sham on them!

[Dizzy1]

Are you kidding me Dizzy1? Have any of you ever stopped to consider that maybe it is more serious than that? Perhaps they don't have extended healthcare and can't afford to pay for physio for it to heal properly and then 2-5 years down the road they have additional health issues.

I am really happy for you that you haven't been in this situation. Clearly you haven't had a fall and 9 months later you are still limping, you can't move your arm properly so you can't even hang up clothes or put dishes away because you can't reach the shelves. Really, that is great and I sincerely hope that you aren't in the same spot that some of these people may be in. If you are, I really hope you have someone who can advocate for you, who can get you the proper therapy to get you well, so you can lead an independent live, not relying on others. And if you don't have someone who will help... well remember what you said - Karma, it can come around.

But if you are all concerned with the City being sued due to neglect of their facilities and public spaces, maybe get off these forums and be good corporate citizens. Report something that you notice that isn't in good repair. Maybe support extra staff when requests go in to Council, so they can properly monitor their spaces, instead of bemoaning your taxes.

Maybe instead of thinking the worst of everyone and and that they are out to scam people (which I am assuming is what the negative comment people would do - as that is where your minds first went), maybe take a step back and look a how run down and broken the City is becoming and do something to fix it!

Maybe try to give people the benefit of the doubt and they really are suffering or need the help to get better.

Bottom line - if the City is neglectful in maintaining their stuff.... sham on them!

Oh please, she's going down stairs - use common sense and watch your step. She miss judged her footing, its not like the stairs crumbled out beneath her.

[totoramona]

There is a reason we have building codes in place. It is for safety reasons. Having one riser in a staircase out of sync with the rest is dangerous! Try building a house with step risers of different height and see if you get away with it. If that is the case on a city maintained property, it is putting the public at risk. Don't be mad at the person who broke both her ankles, be mad at the city contractors, workers and inspectors who aren't doing their jobs! Sheesh!

[Dizzy1]

There is a reason we have building codes in place. It is for safety reasons. Having one riser in a staircase out of sync with the rest is dangerous! Try building a house with step risers of different height and see if you get away with it. If that is the case on a city maintained property, it is putting the public at risk. Don't be mad at the person who broke both her ankles, be mad at the city contractors, workers and inspectors who aren't doing their jobs! Sheesh!

Yet so many people have managed to go up and down said stairs, paying attention to their footing with out an issue. Guess its the workers fault - must have been intentional.

I've twisted my ankle countless times on public property, cost me time off work - it happens. I should have been smarter tho, gotten my golden parachute

[totoramona]

No one knows how many people may have stumbled or fell. That will be for the judge to assess and decide. But she was injured and that is why she is suing. If the steps were not built to code and dangerous, that's the risk the city was taking. Maybe the city is lucky there is only one person suing them.

[Dizzy1]

No one knows how many people may have stumbled or fell. That will be for the judge to assess and decide. But she was injured and that is why she is suing. If the steps were not built to code and dangerous, that's the risk the city was taking. Maybe the city is lucky there is only one person suing them.

Then sue for your injuries, loss of income, bills - knock yourself out (pun intended), but the "loss of enjoyment of life" spiel is just a way to grab some easy money.

[daceri]

That may be your opinion Dizzy1, but the courts see it otherwise.

Stop your griping and be a good citizen, if you see anything in disrepair, call the City and give them the heads up so they can fix it. I am pretty sure this person would rather have not have fallen due to the City's neglect and have injured both her ankles than gone through this.

Once again, it is all just your opinions. City is just lucky more people haven't sued, but maybe they should if they don't fix some of the items. They know their list. Fix them!

[Tony]

I just re-read the story. Since it happened on the way DOWN the stairs, does that not mean she had already gone UP the stairs, so should have fully realized there was a potential misstep on the bottom stair. I'm pretty sure these are the portables that are set up in the park for Ribfest, so building codes don't really apply, since it's a PORTABLE unit. The steps attached to the portable would be compliant, it's the step off the last one, and like I pointed out, she would have had to go up them first, so she should have been aware.

[Anonymous123]

I don't think she has a leg to stand on.

[twobits]

No one knows how many people may have stumbled or fell. That will be for the judge to assess and decide. But she was injured and that is why she is suing. If the steps were not built to code and dangerous, that's the risk the city was taking. Maybe the city is lucky there is only one person suing them.

And perhaps you are just one of the entitled looking for any excuse to sue because something just isn't perfect. I say suck it up butter cup and watch where you are walking. There is a vast difference between minor deficiencies and gross negligence. To cover every root that grows from the ground, settled concrete or even a stair riser that is out of current spec would cost we, the taxpayers, unrealistic funds when all that is required is for people to accept that the damn world is not perfect and watch out for ourselves rather than looking for a payday from insurance for your own stupidity.
People wonder why their insurance policy keeps going up at a rate five times that of inflation? It is because of people like you that always seem to need to blame someone else for their own preventable accidents.
Should we pay for this woman's injuries for stumbling on stairs that hundreds of thousands have navigated without issue despite an irregular stair riser. Are her injuries a result of gross negligence?? I think not.

The unfortunate reality is the City will pay the *bleep* cuz it's cheaper to throw her a few coins than to pay for defense of litigation. She should be shamed by all that know her.

[Dizzy1]

That may be your opinion Dizzy1, but the courts see it otherwise.

Can you please provide me with the link that the Court has motioned in favour of the plaintiff?