Shopper gets $750,000 for serious fall
Brain injury after slipping on detergent has changed her life, judge says in ruling
A judge has awarded more than $750,000 in damages to a shopper who suffered injuries in a slip-andfall incident at a North Vancouver supermarket.
On March 25, 2012, Lori Lee Harrison was shopping at the Real Canadian Superstore on Seymour Boulevard when she slipped on a large pool of liquid laundry detergent and slid along the aisle.
Harrison struck her head on a shelf and then fell backwards, striking her head on the floor.
At trial she testified that she had no memory of her head hitting the floor. Her next memory was waking up on the floor with a lady holding her hand.
She was taken by ambulance to the Lions Gate Hospital.
Harrison, who was a 48-yearold single mom at the time of the incident, suffered a mild traumatic brain injury, with symptoms including headaches, dizziness, imbalance, nausea, difficulties with concentration and memory, insomnia and fatigue.
She also experienced a change in her mood and personality.
“Whereas before the accident she was independent, active and optimistic, she is now a mere shadow of her former self,” B.C. Supreme Court Justice Jasvinder Basran said in his ruling on the case.
“She is unable to work or enjoy any of the activities she used to do before the accident, including walking, swimming and travelling. She is dependent on her son and is far less socially engaged than she once was.”
The judge also noted that Harrison’s prognosis is poor and any further improvement is unlikely.
“Taking into account the variety and longevity of these symptoms, her enjoyment of life has been dramatically reduced.”
After the accident, Harrison returned to her employment as a bookkeeper and administrative assistant at a glass-products manufacturer but struggled to fit back in and eventually lost her job.
The judge found that while Superstore had a reasonable system of inspection and maintenance on the premises, there was insufficient evidence that the company was adhering to that system on the day of the accident and found the store liable for Harrison’s injuries.
He awarded Harrison a total of $755,549.25 in damages, including $375,000 for loss of future capacity, $195,000 for past loss of income and $175,000 for pain and suffering.
John Whyte, a lawyer for Harrison, said that his client had suffered a “devastating injury” and a “devastating loss” and added that there was nothing happy about the case.
“She has accustomed herself, or resigned herself, to the life she must now lead because of her functional limitations,” Whyte said Thursday. “She is extremely relieved that she is now not going to have to go through the balance of her life in poverty, which is what this accident has reduced her to.”
Kevin Groh, a spokesman for the supermarket, said the company had just received the ruling and will review it carefully.
“We take any incident of this sort very seriously and we were in contact repeatedly with the customer’s representatives to resolve her concerns in advance of the court hearing,” Groh said in an email.