A B.C. man is suing the restaurant chain, claiming he suffered serious injuries after tripping and falling on a step on an A&W property.
Michael Hagley said he was visiting a fast food restaurant on July 23, 2020 when he fell.
Hagley said the stairs to the restaurant and the ground were the same color, according to civil claim documents. And, he added, because the sun was in his eyes, he did not notice the step that caused him to stumble.
Court members did not hold A&W responsible for operating the restaurant Hagley visited because A&W did not own or manage the restaurant.
Western Restaurant Franchises Inc. (Western) is the franchisee that operates the restaurant where the alleged injury occurred.
In response to Hagley’s claims, Western said the man reported the fall to one of the restaurant’s employees, and Western staff followed up in 2022.
Mr. Hagley said his arm is feeling better, but his ribs are sore. The employee said Mr. Hagley attended in person at the restaurant in late July and is doing well overall. ,” the Western reported.
Court members said Western failed to warn customers about the steps entering the restaurant.
“When the ground and steps are the same color, it becomes difficult for customers to distinguish between the steps.As a popular restaurant, Western recognizes that uneven asphalt bumps can pose a hazard. or should have known,” the BC Civil Resolution Tribunal lawsuit states.
“We find that Mr. Hagley tripped over the step due to its dangerous nature and that Western owes Mr. Hagley damages as a result.”
Mr Hagley suffered a broken bone, lost the use of his left arm for several weeks and said the rib injury was extremely painful, according to the dispute notice.
During a visit to the hospital the day after the fall, doctors diagnosed Hagley with soft tissue damage to his elbow.
Western argued that Mr. Hagley did not present sufficient evidence to prove the severity of his injuries and, given the limited medical records provided by Mr. Hagley, tribunal members concluded that “Mr. Hagley suffered relatively severe injuries to his chest. “He sustained minor injuries and was found to have suffered soft tissue injuries to his chest.” His left arm was mostly healed within a week. ”
Mr. Hagley had sought $5,000 in damages, but court members ordered Western to pay the complainant $587.50 in non-pecuniary damages and CRT fees.