Overview

Oatley Vigmond represented a young man who sustained a traumatic brain injury after his wheelchair overturned on a ramp at a shopping mall. Following a jury trial, the firm obtained a verdict of more than $2,000,000 after establishing that the ramp did not comply with the Ontario Building Code.

Key Takeaways

  • Accident type: Wheelchair ramp fall at a shopping mall
  • Primary injury: Traumatic brain injury
  • Additional injuries: None specified
  • Resolution method: Jury verdict following a contested trial
  • Notable legal issues: Ontario Building Code violation; claim against the shopping mall
  • Medical treatment: Not specified

The Case

Our client was a young man who had previously become a quadriplegic in a swimming accident. Through determination and perseverance, he earned a degree in mathematics and physics and was close to completing his teaching credentials.

While travelling up a ramp in his wheelchair at a shopping mall to purchase Christmas presents for his family, the wheelchair tipped backward. He struck the back of his head and sustained a traumatic brain injury. Although he attempted to return to school, he was unable to concentrate or learn new information, ending his goal of becoming a teacher.

Oatley Vigmond retained an architect who determined that the ramp exceeded the maximum allowable slope under the Ontario Building Code. The firm commenced a claim against the shopping mall, alleging that the non-compliant ramp created an unsafe condition.

Following a contested jury trial, the court awarded our client more than $2,000,000 in damages.

Why It Matters

This case demonstrates the importance of ensuring that public spaces comply with accessibility and safety requirements established by the Ontario Building Code. Deficiencies in the design of accessible features can have devastating consequences.

The verdict also recognizes the significant impact a traumatic brain injury can have on a person’s education, employment goals, and future, even when they have already overcome substantial challenges in life.