This blog post was created by the Ontario slip and fall law firm Yazdani Law Office. Visit their slip and fall information site: www.slipfall.ca.

The Flentje v. Nichols court decision was released by the Ontario Superior Court of Justice on September 21, 2006

On January 18, 2002, Sylvia Flentje was crossing the parking lot leading to the entrance of the Buckhorn Restaurant and Bar in Calabogie, Ontario when she suffered a slip & fall on the snowy asphalt.

Ms. Flentje, age 24 at the time, sustained a severe fracture to her lower right leg/ankle which required surgery to insert a metal plate and screws and resulted in a large scar. Due to her injuries, Ms. Flentje was unable to return to her job as an office clerk for three months. On August 12, 2003, she underwent further surgery to remove the plate and screws.

Ms. Flentje hired an Ottawa personal injury lawyer and sued the owner of Buckhorn Restaurant for damages arising as a result of her injuries.

At trial, the court found that while the defendant inspected the premises every day, there was no set schedule for inspection and there were times when an inspection was not carried out. Further, the defendant would use common sense on when to plough and use salt on an as-needed basis.

The court found that Buckhorn’s system of winter snow and ice removal was not reasonable for a commercial establishment, in order to ensure its numerous customers were reasonably safe from slipping and falling due to weather conditions. Although the defendant ploughed snow consistently, the system of salting employed was “haphazard”.

The defendant argued that Ms. Flentje was also negligent, as she had drank three beers before arriving at the restaurant. They also argued that she did not take any special care in walking, despite the conditions. After considering all the evidence, the court found that Ms. Flentje’s physical condition or ability to walk was not influenced by alcohol, nor was she careless while walking.

The court found that the defendant was liable for negligence as they failed to keep the parking lot in a reasonably safe condition. Ms. Flentje was awarded $40,458.42 in damages.

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