A woman who claims she fell because a Vancouver elevator car was lower than the floor she was entering from is suing Vancouver Coastal Health (VCH) and the building’s owner.
In a notice of civil claim filed in B.C. Supreme Court on March 25, Kelly Anne Ryan said she was at the Seymour Health Centre Building at 1290 Hornby St. on Nov. 1, 2021.
There, Ryan alleges she fell into an elevator car as the car was lower than the outside floor.
She claims there were no signs of work being done and that the defendants — W.F.C. Properties, VCH and a John Doe — should expect people to enter an elevator car. People are owed a duty of care in such situations, the suit said.
The claim says the defendants were negligent in not ensuring the elevator was safe, and failed to take steps to protect elevator users.
Ryan alleged head and brain injuries; cognitive problems; psychological issues, including post-traumatic stress disorder and fear; headaches; chronic pain; face, mouth and dental injuries; dizziness; fainting; fatigue and loss of income and earning capacity.
Ryan is seeking damages for lost income, loss of future income, cost of future care and damages for pain and suffering.
