A fall due to ice: cost transfer is granted

Release date: February 5, 2013

The employer challenged a denial of cost transfer. When a female employee advised him that the parking lot beside his offices was slippery, the employer complained the same day to the building’s owner. The next day, though she was wearing boots with non-slip soles, the employee fell on the ice covering the parking lot while getting out of her vehicle. Her broken ankle took 10 months to heal, with after-effects. According to the CLP, the accident is principally attributable to a third party, the building’s owner. Weather reports showed that there had been no additional precipitation on the day of the accident. The poor state of the parking lot was therefore due to the third party’s default of maintenance. In addition, an office employee’s fall on ice is not part of the risks that the employer is normally expected to cover. The assignment of costs to the employer’s file would be unjust. All costs are removed from his financial record.

Aecon Group Inc., 2011 QCCLP 7720 (C.L.P.) Me Carmen Racine

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