A Kelowna woman who fell and injured her hand at a local escape room tried, and failed, to have the business pay for her injury-related expenses.
In February 2018, to celebrate her birthday with her two sons, the woman attended the local escape room, where participants solve puzzles and find clues to escape a room within a time limit.
The woman says she tripped on a hidden stair in the room, falling and breaking her finger. While she says she was in pain, she continued playing the game.
She went to the hospital the next day, and learned her finger had been fractured.
She has since filed a claim against the business for more than $1,400, citing the cost of repairing her ring that had to be cut off, snow shovelling expenses that she couldn't do herself because of the injury, missed pay for two and a half days of work, and parking expenses at the hospital.
A recent decision by B.C.'s Civil Resolution Tribunal found the woman had signed a waiver of liability before entering the escape room.
While she says she wasn't aware of what she was signing, the tribunal ruled the waiver was of little consequence, as she hadn't successfully proven the business had acted negligently.
“The applicant says the stair she tripped on was an obvious tripping hazard, and both of her sons said the stair was hidden, however there is no photograph of the stair or the Exit room in evidence,” tribunal member Sarah Orr stated.
Therefore, while Orr said it was “unfortunate” the woman had tripped, there is no legal basis for the business to pay for her injury expenses.
The Civil Resolution Tribunal is an online tribunal that deals with small claims under $5,000 and strata disputes in B.C. Beginning in April, the CRT will also begin resolving motor vehicle accidents and injury disputes up to $50,000.