The claimant was injured when he tripped and fell on a raised ledge at an auto show near a display vehicle. He argued that the incident qualified as an accident. Vice Chair Farlam held that the trip and fall was not an accident under the SABS. The fact that the claimant was walking towards a vehicle when he tripped did not establish that a vehicle contributed to the incident. Further, the claimant’s “viewing” of a vehicle was not relevant to the legal test; he was required to prove that the incident arose from the use and operation of an automobile (the purpose test) and whether the use and operation of an automobile directly caused the claimant’s injuries (the causation test). The facts of loss did not meet the purpose test, so the Tribunal did not need to consider whether the causation test was met.
Menu