A senior is suing the City of Campbell River, alleging in a statement of claim filed on Oct. 8 he fell because of the "hazardous conditions" of parking lot stairs at the Sportsplex.
Victoria resident Benjamin Pickering, who is a retiree, claims the staircase located on the east side of the property was unsafe due to B次元官网网址渦neven rises and runs.B次元官网网址 In addition to the absence of a handrail and insufficient signage, the conditions of the stairs caused him to fall after losing his balance around June 10, 2023, according to the lawsuit. Pickering injured his back and shoulders, causing him pain.
The document claims the injuries led to costs for transportation for medical treatments, medication, and rehabilitation expenses, among others. While the statement of claim does not provide the exact amount of money he is seeking, it requests the city cover his past and future healthcare expenses, along with the costs associated with filing the lawsuit.
The document claims the city was negligent in maintaining the staircase, not meeting the standard of care owed to a pedestrian. It also claims the city neglected to follow best practices in its construction and ensure a handrail was accessible.
On Dec. 3, the City of Campbell River responded to the civil claim by denying all the allegations. The city argues the fall either did not happen or did not happen as described.
In addition, the plaintiff's claims are barred by statute, the city says, because it was not notified in writing about the incident within two months of when it happened.
The city argues it performed its duties reasonably as a local government in regard to the stairs and according to all statutory requirements, with "all due care, skill and diligence on its part and on the part of its agents, servants, and employees."
"If the alleged fall occurred in the manner referred to in the Notice of Civil Claim, which is denied, the city says that the alleged hazardous condition was clear and obvious to the plaintiff and the plaintiff knew or ought to have known of same, and the plaintiff was simply the author of his own misfortune," it states.
A court date has not yet been set, and none of the allegations, either in the lawsuit or response to the claim, have been proven in court.