Company Liable for Pedestrian’s Fall on Construction Debris Left on Sidewalk


A man ruptured his Achilles tendon while walking on a sidewalk in front of an apartment building under construction. He sued the building owner. The court ruled that the man fell on accumulated construction debris that was on a sidewalk open to the public. Although the owner’s contractor claimed to work from a “safety/cleanliness perspective,” he had no records of any specific programs in place to ensure safety. Thus, the building owner was negligent for breaching the appropriate standard of care by letting debris accumulate in foreseeably dangerous circumstances, concluded the court. It ordered the owner to pay the man over $51,000 in damages [Mielke v. Harbour Ridge Apartment Suites Ltd., [2011] N.S.J. No. 441, Aug. 15, 2011].