A man who hit his head on a park tree is suing the City of Vancouver, claiming the city breached its duty to maintain trees overhanging pedestrian walkways.
In a July 15 B.C. Supreme Court notice of civil claim, the man (who Lodestar Media has chosen not to name), said he was walking through the Granville Loop Park in the 1400-block of W 5th Avenue on Aug. 5, 2023, when he struck his head on a low-hanging branch.
“The incident caused the plaintiff to suffer injuries, loss and expense,” the claim said.
It further claimed the incident was caused by or contributed to by the city, employees, agents or contractors.
The claim asserted the city did not take reasonable steps to ensure the man would be safe while going through the park. The court documents also allege the city failed to inspect the area for dangerous hazards, failed to warn of hazards and failed to remedy hazards that could injure people.
The man claimed he sustained head, back and neck injuries as well as a concussion.
The claim said the man continues to undergo medical care.
The man claimed he has suffered pain; loss of enjoyment of life; loss of housekeeping capacity; permanent physical disability; loss of physical, mental and emotional health; and loss of past and future earnings.
He is seeking general and specific damages.
Angela MacKenzie, city associate director of civic engagement and communications, said the city has yet to be served with the claim.
“As the matter is before the courts, the city cannot comment at this time,” MacKenzie said.
