In what circumstances will a plaintiff be liable for tripping over a large display platform?

Yukon, Canada


The following excerpt is from Alfred v. Loblaws Inc., 2012 YKSC 95 (CanLII):

In Castillo v. Westfair Foods Ltd., [1999] B.C.J. No. 1326 (S.C.), the plaintiff tripped over a 16-foot long display platform, with about a six-inch rise, that was positioned between the aisles of the grocery store. Immediately before tripping, the plaintiff was focused on a display of potato chips. The display platform was similar in colour to the floor, however it had metal edging with yellow price tickets which delineated the platform from the floor. The court held that had the plaintiff had shown a “modicum of awareness” in watching where she was going, she could have avoided her injury. Liability was apportioned 50/50 between the parties.

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