NS Supreme Court Finds Woman Who Fell and Broke Her Hip Contributorily Negligent

Why It Matters

The ruling underscores heightened liability for businesses to maintain safe premises, especially for vulnerable patrons, and clarifies how contributory negligence is apportioned in Canadian tort law, influencing risk management and insurance practices across the retail sector.

Summary

The Nova Scotia Supreme Court ruled in Jansen v. J.M. Reynolds Pharmacy Ltd. that the pharmacy was 75% liable for a 68‑year‑old woman’s hip fracture after she tripped on an unmarked lip of a planter bed at the pharmacy’s entrance, while the plaintiff was found 25% contributorily negligent. The court held the pharmacy breached its duty under the Occupiers’ Liability Act by failing to inspect and maintain the walkway, despite hiring a landscaping contractor. The decision emphasizes the foreseeability of hazards for older customers and the need for occupiers to implement reasonable inspection regimes.