Small Settlement Rejected, Big Cost Incurred: How 7-Eleven Lost Nearly $1 Million in a Slip-and-Fall Lawsuit
A British Columbia woman who broke her ankle in a pothole outside a 7-Eleven in Smithers has been awarded $907,000 in damages after the convenience store giant refused multiple out-of-court settlement offers, including one for just $125,000. The B.C. Supreme Court has now ordered the company to also pay double court costs, citing a provincial rule designed to encourage early resolution of legal disputes.
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Injury Outside 7-Eleven Leads to Lawsuit
A Routine Visit Turns Life-Altering
In May 2018, Crystal Tommy stepped into a deep pothole in the parking lot of a 7-Eleven store in Smithers, fracturing her ankle in three places. The injury led to a cascading series of health complications, including hip pain, a slip on stairs during Christmas that injured her back, and ultimately the end of her career working at a plant nursery—a job she loved.
Despite the severity of her injuries and their long-term impact, 7-Eleven initially offered her just $25,000 to settle her claim. Tommy, in contrast, made several offers to resolve the matter before trial, including a $125,000 settlement proposal. She later raised her offers to $345,000 and then to $250,000, but all were rejected by 7-Eleven.
Court Finds 7-Eleven Negligent Under Occupiers Liability Act
Safety Failures and Poor Maintenance at the Center of the Ruling
In a 2024 ruling, B.C. Supreme Court Justice Emily Burke found 7-Eleven Canada negligent under the Occupiers Liability Act, which requires property owners and occupiers to ensure their premises are reasonably safe for visitors.
Burke ruled that 7-Eleven failed to maintain a reasonable inspection and hazard-prevention system. Employees were left to voluntarily complete an online safety course with no accountability if they didn’t. The company also did not have proper documentation or protocols for inspecting or maintaining the parking lot, the judge noted. Evidence revealed the pothole that caused Tommy’s fall was repaired the very next day—suggesting it was a known hazard.
7-Eleven argued that Tommy had not proven the company caused her injuries and denied liability throughout the five-day trial. But Burke concluded that the company had “no reasonable system of inspection and maintenance in place” and failed in its duty to protect customers.
Emotional and Financial Toll on the Plaintiff
A Dramatic Shift in Lifestyle and Health
According to testimony and medical records, Tommy’s injuries left her with lasting pain, swelling, and stiffness in her ankle. She walked with a limp, endured chronic hip discomfort, and was diagnosed with depression due to the drastic change in her quality of life.
She eventually quit her job at a local nursery in 2022 due to physical limitations. Before the accident, Tommy was described by witnesses as energetic, outdoorsy, and socially engaged. The court noted the profound transformation in her daily life and mental health, describing her shift from “a happy person to one who is sad and depressed.”
Damages Awarded: Breakdown of the $907,000 Judgment
Justice Burke awarded Tommy compensation in the following categories:
- $504,000 for past and future income loss
- $175,000 for pain and suffering
- $202,000 for the loss of housekeeping capacity
- $18,000 for future care and special damages
These damages reflect the full scope of Tommy’s losses, both economic and emotional, as a result of the fall.
Court Orders 7-Eleven to Pay Double Legal Costs
A Costly Mistake in Declining Early Settlement
In a follow-up ruling focused on legal costs, Burke applied Rule 9-1 of the B.C. Supreme Court Civil Rules, which penalizes parties that reject reasonable pretrial settlement offers. The court determined that Tommy’s $125,000 offer was not only reasonable but also substantially lower than the final judgment. As a result, 7-Eleven was ordered to pay double the court costs — a financial penalty that further adds to their losses.
Costs awarded in civil cases often cover legal fees, expert witnesses, medical reports, and administrative costs like filing and document preparation. While the exact amount of court costs was not disclosed, they are expected to total in the tens of thousands.
Legal Lessons from the Case
When Ignoring Settlements Backfires
Justice Burke emphasized that 7-Eleven had enough information to fairly evaluate the strength of the plaintiff’s case long before the trial. The company’s failure to act on that information or to settle reasonably early on led to a significantly larger financial consequence.
“This is a classic example of how a defendant’s refusal to settle a legitimate claim can backfire financially and reputationally,” Burke wrote in her ruling. “The plaintiff made several good faith offers which were all more generous than the outcome achieved through trial.”
Conclusion: A Win for Accountability in Slip-and-Fall Cases
This case serves as a stark reminder that businesses must take public safety seriously—and that dismissing legitimate injury claims can come at a steep cost. For Crystal Tommy, the court’s decision brings financial relief and validation after years of suffering and legal battles. For 7-Eleven, it stands as an expensive lesson in the price of ignoring reasonable settlement opportunities and failing to maintain safe premises.
