The plaintiff tripped over sandals during a visit to the home of her sister (Elizabeth) and brother-in law (Daniel). Elizabeth had left the sandals on the back stoop, and the plaintiff broke her ankle when she fell over them. The plaintiff sued Daniel pursuant to the Occupiers’ Liability Act, alleging that he did not take reasonable care in the circumstances to ensure she was reasonably safe while at his home. Following a trial on liability alone, Justice Rees dismissed the action and granted judgment to Daniel. Justice Rees held that Daniel met the standard of care in the circumstances. Daniel was not reasonably required to: request that Elizabeth not leave her sandals on the stoop; warn the plaintiff to look out for sandals left on the stoop; install a shoe rack on the stoop; or, widen the stoop or leave room for shoes to be placed somewhere else. Justice Rees further noted that if liability had been found, the plaintiff would have been found 25% contributorily negligent as she was a frequent visitor of the home and failed to look down when stepping on to the stoop.
