The following blog post is brought to you by Toronto slip and fall lawyer Mark Yazdani. For more information about slip and fall lawsuits, see his law firm website: http://www.slipfall.ca.

Lesniak v. The Corporation of the City of Mississauga and The Living Arts Centre in Mississauga is a trip and fall case and was decided on December 6, 2002 at the Ontario Superior Court of Justice.

On a bright November day in 1998 Irene Lesniak, age 41, walked into the Living Arts Centre in Mississauga to buy tickets. As she opened the second set of front doors and walked through the doorway, she tripped over a rolled up weather mat. The mat had been rolled up and pushed against the door by the cleaning people. Ms. Lesniak fell and struck her knee on the marble floor resulting in immediate pain and swelling on her right knee.

After the accident, Ms. Lesniak was examined by her orthopaedic surgeon who found instability in the ACL and tenderness in the medial ligament area. He diagnosed her with a medial collateral injury caused by the trip and fall.

Ms. Lesniak hired a Mississauga Personal Injury Lawyer and sued the City of Mississauga and The Living Arts Centre for pain and suffering damages arising out of the trip and fall.  

At trial, the defendants admitted responsibility for the rolled up mat but argued that Ms. Lesniak should have been watching where she was walking and therefore also negligent. The Court agreed in part, stating that a reasonable person would have looked to ensure the pathway was clear. However, the court found that the defendants had the larger part of the responsibility for leaving the mat in the first place. In the end, the court found Ms. Lesniak to be 20% liable for the accident.

Ms. Lesniak told the court that she had a prior knee injury in 1992 and had obtained reconstructive surgery on her ACL in 1993. From 1994 to just prior to her 1998 accident she led an active life, including starting a business, traveling and participating in sports. Medical testimony showed that her knee would need another surgery because of her November fall and her pre-existing injury and arthritis. The court agreed with the defendant’s argument that Ms. Lesniak’s knee condition would likely have deteriorated anyway because of her pre-existing injuries

The following damages awarded to Ms. Lesniak were reduced by 15% for the pre-existing injury and then by 20% for contributory negligence:

General damages: $37,400.00

Special damages: $ 4,760.00

Family Law Act: $ 4,080.00

OHIP: $ 2,018.00

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