2019 QCCQ 7421, 2019 QCCQ 7421

Zhang c. Gérances Westcliff ltée-Carrefour Angrignon 2019 QCCQ 7421 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF montreal Civil Division No: 500-32-156592-174 DATE: November 25, 2019 ______________________________________________________________________ BY THE HONORABLE CAtherine Pilon, J.C.Q. ______________________________________________________________________ DINGYU ZHANG -and- HE ZHANG -and- DINGYU ZHANG and HE ZHANG ès-qualités as tutor of their minor child IVAN YUE ZHANG Plaintiffs v.

LES GÉRANCES WESTCLIFF LTÉE-CARREFOUR ANGRIGNON Defendant ______________________________________________________________________ JUDGMENT RENDERED ON THE BENCH ______________________________________________________________________ [ 1 ] The Plaintiff He Zhang, who was four months pregnant, was shopping at Les Gérances Westcliff Ltée-Carrefour Angrignon (Angrignon) with her 19 month-old son Ivan on March 22, 2016. [ 2 ] She was pushing the stroller and her son was walking a few steps ahead of her. He noticed a metal plate on the floor, touched it, and started crying.

This plate covered and electric outlet. [ 3 ] Ms. Zhang picked up her son and touched the plate to see if he had hurt himself on something sharp. She felt a sharp electric shock. [ 4 ] Ms. Zhang comforted her son and called her husband, the Plaintiff Dingyu Zhang, who took them to the hospital. [ 5 ] Ms. Zhang and Ivan were unhurt, but Ms. Zhang remained very concerned about the safety of her unborn baby for the remainder of the pregnancy. She eventually delivered a healthy boy. [ 6 ] Ms.

Zhang claims $3,000 against Angrigon for the prejudice she suffered by reason of the stress related to the uncertainty of the harm caused to her unborn baby by the electric shock. [ 7 ] Ms. Zhang and Mr. Zhang claim $2,000 on behalf of their son, as his tutors, for the pain he experienced from the electric shock. [ 8 ] Angrigon contests the claim on the basis that Ms. Zhang was not properly supervising her son when the incident occurred.

Analysis [ 9 ] The Plaintiffs had the onus to show by preponderance of evidence that the Defendant committed a fault and that a prejudice was suffered as a result. [ 10 ] Angrignon admits that simply touching the metal plate covering the outlet will not normally result in an electric shock. However, in this case, Angrignon discovered soon after the incident, that the outlet was improperly grounded which caused Ms. Zhang and her son to get shocked. [ 11 ] The Court is of the view that defective outlet constituted a danger which Ms. Zhang could not reasonably foresee.

She had no reason to believe that either her son or she would encounter a danger by touching the plate covering the outlet. [ 12 ] The Defendant is responsible for the safety of its premises. The electric shocks suffered by Ms. Zhang and her son are a result

of its faulty upkeeping of the shopping center. [ 13 ] The Court does not find that there can be any shared liability between Angrignon and Ms. Zhang. The surveillance video clearly shows that her son was walking close to her and that she was properly watching him. [ 14 ] Having concluded that Angrignon committed a fault, the Court must determine if a prejudice was suffered and its value. [ 15 ] In respect of Ms. Zhang, she has not adduced medical evidence that would support that she could reasonably believe that there was a serious risk to her unborn child.

Nevertheless, she undoubtedly suffered stress from the event given that she was still in the early stages of her pregnancy. [ 16 ] The Court considers that an amount $400 is sufficient to cover the pain she experienced from the shock, and the anxiety suffered afterwards until the birth of her healthy baby son. [ 17 ] In respect of Ivan, the video shows him crying in his mother’s arms for several minutes after the incident. The Court assesses the prejudice he suffered at $100.

FOR THESE REASONS, THE COURT: GRANTS in part the Application of the Plaintiffs; CONDEMNS the Defendant to pay the Plaintiff He Zhang $400 with interest at the legal rate and the additional indemnity of

article 1619 of the Civil Code of Quebec since the demand letter of June 9, 2017; CONDEMNS the Defendant to pay the Plaintiffs He Zhang Dingyu Zhang as tutors to their minor child Ivan Yue Zhang $100 with interest at the legal rate and the additional indemnity of

article 1619 of the Civil Code of Quebec since June 9, 2017; CONDEMNS the Defendant to pay the Plaintiffs the Court costs of $100. __________________________________ CATHERINE PILON, j.c.q. Date of hearing: November 25, 2019