A&W franchisee ordered to pay man hundreds after he tripped on property | Daily Hive

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A man in BC who said he was seriously injured after tripping and falling on a step on A&W property is suing the restaurant chain.

Michael Hagley said on July 23, 2020, he was visiting the fast-food restaurant and fell.

According to the civil claim document, Hagley said a step to the restaurant and the ground were the same colour. And since the sun was in his eyes, he did not see the step which caused him to trip, he added.

The tribunal member did not find A&W responsible for operating the eatery Hagley fell at since it does not own or control the restaurant.

Western Restaurant Franchises Inc. (Western) is the franchisee which operates the restaurant where the alleged injury took place.

In response to Hagley’s claims, Western said the man reported the fall to one of the restaurant employees, and a Western staff member followed up with him in 2022.

“Mr. Hagley said his arm was improving but his ribs were hurting. This employee reports that in late July, Mr. Hagley attended the restaurant in person and reported that he was doing well overall,” Western reported.

The tribunal member did say Western did not warn customers entering the eatery about the step.

“The uniform colour of the ground and step would make it hard for customers to distinguish the step. As a public restaurant, Western knew, or ought to have known, that a rise in the asphalt with no differentiation in colour could create a hazard,” the BC Civil Resolution Tribunal case reads.

“I find that Mr. Hagley tripped on the step due to its hazardous nature and that Western owes Mr. Hagley damages as a result.”

According to the Dispute Notice, Hagley said he had suffered broken bones and lost the use of his left arm for many weeks, and the injuries to his rib were extremely painful.

During his hospital visit the day after the fall, a doctor diagnosed Hagley with an elbow soft tissue injury.

Western argues Hagley has not shown enough evidence to prove the severity of his injuries, and given the limited medical records Hagley provided, the tribunal member said, “I find that Mr. Hagley sustained a relatively minor injury to his chest and a soft tissue injury to his left arm which was largely resolved within a week.”

Hagley was seeking $5,000 in damages, but the tribunal member ordered Western to pay the applicant $587.50 in non-pecuniary damages and CRT fees.

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