On a clear September day, John walked across a parking lot adjacent to his home to buy a newspaper at a convenience store in a shopping plaza. He purchased the newspaper and left the store, but before he had walked more than a couple of feet, his foot struck a raised portion of a sidewalk slab, and he fell heavily to the concrete.

John was unable to work for two months as a result of his injuries, and he brought an action for damages against the tenant who operated the convenience store and the owner of the shopping plaza.

When the case came to trial, the evidence established that the maintenance of the sidewalk outside the store was the sole responsibility of the owner of the shopping plaza, but the owner had not inspected the sidewalk for four months. The sidewalk, while not in disrepair, had been slightly heaved by the previous spring frost. It presented an uneven surface upon which the patrons of the plaza were forced to walk. Many of the concrete slabs were raised from 1/2 to 1 1/4 centimetres, but some protruded above abutting slabs by as much as 4 centimetres. The slab that caused John's fall protruded by approximately 3 centimetres.

The tenant who occupied the milk store was aware of a "certain unevenness of the slabs," but did not realize that it was hazardous.

Discuss the liability (if any) of the defendant and render, with reasons, a decision.

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Issue

Decision

Reason