Mississauga Man Sues City of Hamilton Following Serious Waterfall Accident
A Mississauga man is suing the City of Hamilton for pain and suffering after sustaining serious injuries during a fall off a cliff at Albion Falls.
Corey Dixon, a 23-year-old motivational speaker and YouTube actor, is suing the city for $390,000 for "pain, suffering, and loss of enjoyment of life" after plummeting off a cliff at Albion Falls, a popular Hamilton destination for hikers, sightseers and nature lovers alike.
"After careful thought and consideration, I have decided to start a lawsuit as a result of the injuries that I suffered when I slipped and fell at Albion Falls," Dixon said in a statement.
"In the lawsuit, I am seeking compensation for the pain and suffering that I endured and continue to endure, and compensation that will help pay for the medical care that I need to get back to my pre-accident capacity. I also hope that by starting this lawsuit, it will raise awareness about the dangers of Albion Falls and other people will avoid suffering the same fate that I did."
Photo courtesy of Dixon’s Facebook page
The lawsuit also names the Hamilton Region Conservation Authority, the Bruce Trail Conservancy, the Hamilton Conservation Foundation, the Province of Ontario, the Niagara Escarpment Commission and an organization identified as the "ABC Company."
A statement of claim that was recently filed by the Barrie-based law firm Oatley Vigmond says that an allegedly poorly maintained staircase prompted Dixon's fall.
On Feb. 27, 2016, Dixon visited the falls with some friends in the early morning hours. After parking his car, he walked towards a staircase that the statement says was not gated or fenced off, but featured "insufficient and inadequate lighting."
According to the statement, Dixon descended the staircase but decided to turn back at the bottom because he felt the conditions were unsafe. When he turned around, he reportedly fell and continued to slide to the edge of the falls before falling off the cliff and landing on the rocks near the river.
The statement says Dixon laid on the rocks for over 90 minutes and developed hypothermia as a result.
"As a result of the fall, Corey suffered serious and permanent injuries,” the statement of claim reads.
According to an older GoFundMe page that was launched to raise funds for a service dog for Dixon, he broke 30 bones, "destroyed his left arm," ruptured his aorta and sustained a severe back injury during the fall.
"I spent the next 6 months recovering in hospital, fighting to use my left arm, learning how to walk again, and suffering through horrible anxiety, depression, and PTSD following the trauma," Dixon wrote on the GoFundMe page. "It was a huge emotional and physical battle but I found comfort in the therapy dogs that would come and visit me. They gave me strength to push through in my recovery."
The lawsuit says the defendants are "jointly and severally liable for Corey's damages" and breached their duty of care under the Occupier's Liability Act.
Although fencing and warning signs can be found at Albion Falls, falls and rope rescues are common.
"I know how lucky I am to be alive, and I've worked tremendously hard to be able to walk again. But my road to recovery isn't over yet. Lots of hard work and dedication remains until I can fully get back to my pre-accident capacity."