FILE PHOTO
Image Credit: PEXELS/Min An
October 08, 2023 - 6:00 PM
A BC woman lost her battle with the City of Burnaby after she broke her foot on a street light pole.
Tara Scott was walking along a Burnaby sidewalk last November when she collided with the pole in the middle, but the BC Civil Resolutions Tribunal ruled that the City didn't owe her a duty of care.
In an attempt to claim $5,000 in damages and lost wages, she took the City to court, claiming the pole should have been more visible, according to an Oct. 5 tribunal decision.
The light was out and the black-painted pole was in the middle of the sidewalk, with its base obscured by overgrown tree branches. She gave photo evidence from that November evening, showing the tribunal it was difficult to see.
Scott fractured a bone in her foot and claimed the injury forced her to back out of a health-care training program, but the tribunal found she didn't prove she suffered monetary losses.
The tribunal also said the City repairs lights on a complaints-based process, and it did fix the light within a week of her complaint.
Nearly a year after Scott broke her foot along the Lougheed Highway, tribunal member Kristen Gardner said Scott should have simply been watching where she stepped and dismissed her claim.
"Overall, I find that the sidewalk was in reasonably safe condition for people exercising ordinary care of their own safety, which I find generally includes looking in the direction that they are walking," the decision read.
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