7-Eleven Could Have Saved Nearly $800,000 by Settling Injury Lawsuit Earlier
7-Eleven was ordered to pay over $900,000 to a woman who hurt herself outside one of its stores in Smithers, B.C. The company could have avoided most of that amount if it had accepted her earlier offer to settle.
Crystal Tommy injured her ankle badly in May 2018 after stepping into a pothole in the parking lot of a 7-Eleven. She first offered to settle the case for $125,000, but 7-Eleven refused and chose to go to court instead. Last year, a judge found the company responsible and told them to pay Tommy $907,000 in damages.
Now, in a second decision, the judge has also ordered 7-Eleven to pay double the court costs. This is a penalty under B.C. law for refusing a fair settlement offer before going to trial. The rule is meant to push both sides to settle early, saving time and money.
Court costs can include things like legal fees, expert reports, medical documents, and other expenses related to the case. The exact amount wasn’t shared, but these costs can add up to thousands of dollars.
7-Eleven had first offered Tommy only $25,000 to settle her case. She made more offers, including one for $345,000, but the company rejected them all. Eventually, 7-Eleven did offer $125,000, but Tommy had already raised her offer to $250,000. The company still said no, and the case went to trial.
At trial, the court awarded Tommy $504,000 for lost income, $175,000 for pain and suffering, $202,000 for lost ability to do housework, and $18,000 for future medical needs. She broke her ankle in three places and later fell again because of ongoing pain. She eventually had to quit her job and lost many of her social connections.
The judge said 7-Eleven should have known its case was weak based on medical records and its poor safety system. The court found the company did not have a proper system to check for hazards like potholes. Employees were supposed to take an online safety course, but many didn’t—and there were no consequences.
The judge said 7-Eleven did not prove it had a working safety plan, so it was found negligent under B.C.’s Occupiers Liability Act. The pothole was filled in the day after Tommy’s injury, which also showed the company knew it was a problem.
In the end, the judge said the amount Tommy received was much more than any of the offers she made, and 7-Eleven should have accepted one of them instead of going to trial.
