A BC Supreme Court justice ruled against a man seeking damages for losing a finger while sliding down a Courtenay handrail in Oct. 2018. (File Photo/NanaimoNewsNOW)

By NanaimoNewsNOW Staff

case dismissed

Judge dismisses lawsuit after man loses finger while sliding down Courtenay handrail

Aug 28, 2021 | 7:25 AM

NANAIMO — A BC Supreme Court justice ruled a City of Courtenay handrail could have been safe if it was used as intended.

The province’s high court tossed out a claim from Christopher Slater, who sought personal injury damages from the municipality for a serious hand wound he suffered nearly three years ago.

Justice Anthony Saunders’ Aug. 25 judgment followed a day-long trial in early June in Nanaimo in which the City of Courtenay argued to have the action dismissed.

At issue was one of multiple metal bars connected beneath a downtown handrail, which instantly severed Slater’s left index finger during the early morning hours of Oct. 5, 2018.

Slater claimed the municipality was in breach of the standard of care owed to staircase users under the province’s Occupiers Liability Act.

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He was out drinking with friends the night of the incident, but claimed he was not disoriented, nor did he have trouble walking.

Slater, without inspecting the rail beforehand, sat on the rail and slid down. He felt a tug then instant pain as he reached the bottom.

His friend retrieved his missing finger, severed just above the knuckle.

Slater was then taken to hospital where a surgeon noted the flexor tendon was badly damaged and re-attaching the finger was not in Slater’s best interest.

He visited the 30-year-old staircase a few days later, identifying blood where a metal bar met the handrail.

Slater also argued the City of Courtenay failed to inspect the rail when it should have known it was a safety hazard.

Following the accident, City staff removed two bars under each rail, including the one injuring Slater, since they were not structurally necessary.

Justice Saunders found Slater’s momentum played a role in his injury and that his affected hand was placed underneath the rail.

The judge found handrail users could easily see free passage over the entire length of its underside isn’t possible.

“Anyone who might position their hand in such a manner could see that they would have to adjust their grip on reaching the point on the stairs where the handrail and bar came together,” justice Saunders stated.

There is no evidence of standards governing the construction of outdoor stairs or handrails for municipalities, the judge stated.

While concluding his ruling, justice Saunders stated he couldn’t find the municipality should have reasonably foreseen abnormal use of the handrail, including gripping the underside of it.

“To find otherwise would be to hold the defendant to a standard of perfection, and that is not the law,” he stated.

Slater was ordered to cover the City of Courtenay’s legal costs to respond to his litigation.

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