The plaintiff sustained injuries as a result of tripping on a speed bump in a parking lot owned by the defendant and commenced an action for damages. The parties agreed on damages and the matter proceeded to trial for determination of liability. The plaintiff admitted that she did not know what caused her to trip and fall. She testified that there was a piece missing from the speed bump, which was “maybe” where she tripped and fell. The Court affirmed that an inference of causation must be based on fact rather than speculation and held that the plaintiff failed to establish that any act or omission on the part of the defendant occupier caused her injury. The action was dismissed.
Menu