A Cambridge woman said she was shopping at the Kitchener Costco in August 2022 when she slipped on a wet substance and struck her head on a shopping cart before hitting the floor. She is now suing the big box giant for $1.5 million.
The statement of claim filed in July names Costco Wholesale Canada Ltd. as the defendant in the case and claims it was the company's negligence that led to a list of "severe, permanent and painful" injuries.
The head-to-toe injuries she said she suffered from the fall resulted in irritability, fatigue, insomnia and left her unable to engage in normal activities and a social life. She claims she also suffered a loss of income and will continue to suffer a loss of income earning capacity because of the store's negligence.
The woman claims the King Street East store's employees failed to properly maintain the premises and take the appropriate steps to warn customers.
"They knew the premises was unsafe, yet failed to prevent access to it," the claim reads.
The lawsuit seeks general damages in the sum of $500,000 and $1 million in special damages.
None of the claims have been tested in court.
In its statement of defence filed July 31, Costco denies all of the allegations of the plaintiff and asks that she provide proof that the slip and fall accident even occurred.
The company further denies it breached its statutory duty under the Occupiers' Liability Act and says its premises was "in a reasonably safe and proper condition" in all circumstances described by the plaintiff.
Costco states that if the plaintiff suffered any injuries, losses or damages as alleged, they resulted from factors arising prior to or subsequent to the incident in question.
Any injuries suffered in its store, which it denies, were caused or contributed to by the negligence of the plaintiff, including failing to keep a proper lookout, take precautions for her own safety, or wear proper footwear.
"She created a situation of danger for herself," the statement reads. That situation may have included failing to look where she was going while hurrying and being impaired by drugs or alcohol.
Costco is asking that the claim be dismissed against it with costs payable to Costco on a substantial indemnity scale.
