KCL was retained in January, 1998 to review existing information and provide an opinion of a stair fall that occurred in January 1993. We also examined the site and took photographs.
The fall occurred in a restaurant and resulted in our client being found injured at the bottom of the stairs to the public washrooms.
Our research determined that major alterations to the basement stair and washrooms completed previously required that the stair and handrail be brought into compliance with the Ontario Building Code, as adopted by the Municipality.
We noted that municipal by-law enforcement officers had attended the building on a number of occasions prior to 1993. During these visits they should have observed and ordered that the stair be brought into compliance.
In our opinion two EXIT signs in the stairwell and basement indicated that the area had been inspected by an authority having jurisdiction, such as the Fire Department or Building Department. This attendance should have resulted in an Order to Comply compelling the owner to improve the stairwell to a safe standard and improve the lighting conditions.
It was also our opinion that the fact that several customers of the restaurant had fallen on the stairs in the past should have been a warning to the operators that the conditions were not acceptable in the stairwell. Further the operators should have corrected the deficiencies and made the stairwell safe for the public.
By correcting the noted deficiencies of improper lighting, handrail height and dimensions and inadequate stair width, the fall and subsequent injuries may have been prevented.
