Part 20 published on 01/11/07
Injury to strata lot owner
The Plaintiff, a strata lot owner, was injured when she fell over a 26-inch wall at the edge of the patio outside her condominium. On the other side of the wall, there was a drop of some 13 feet to a concrete stairwell, and the Plaintiff suffered serious injuries when she fell onto that stairwell. The Plaintiff had previously brought this unsafe condition to the attention of the strata corporation and its manager. [They were responsible for the maintenance and safety of the unsafe wall and railing.] However, the strata corporation and the manager failed to address the unsafe condition (the low wall) with reasonable haste.
The Court said that the Plaintiff was 50% responsible for her injuries because she was significantly impaired, due to alcohol, at the time of the fall – and she was well aware of the risks associated with the low wall.
In any event, the limitation period for asserting the claim had expired. There was no breach of fiduciary duty (which would have been subject to a longer limitation period). The claim was therefore out of time.