Winnipeg doctor seriously injured by elevator free fall, lawsuit alleges

A Winnipeg doctor says she now suffers from chronic pain and psychological trauma after an elevator in a parkade near Health Sciences Centre "suddenly and unexpectedly dropped" while she was inside.

Chau Pham is suing the Winnipeg Regional Health Authority (WRHA), Shared Health and TK Elevator Canada, the company the lawsuit says built and installed the elevator.

A statement of claim filed March 7 in the Manitoba Court of King's Bench alleges the WRHA and the elevator manufacturer neglected to make sure the elevator in the parkade at 10 Emily St. was safe when Pham got in it nearly two years ago.

"Her injuries and damages were caused solely by the negligence or breach of duty … of the defendants," the lawsuit says.

Pham parked on the parkade's fourth floor and took the first available elevator to go down to the main floor on April 14, 2022, but after she stepped inside, the elevator dropped, causing her to "free-fall downwards," the statement of claim says.

The elevator then "suddenly and with great force came to a stop which resulted in [Pham] suffering serious injuries" that have since required hospitalization, surgery, rehabilitation, therapy and medication, the lawsuit says.

Those injuries include damage to her spinal cord and one or both legs, chronic pain, emotional and psychological trauma and neurological deficits, the lawsuit alleges.

'Defective elevator'

The WRHA and Shared Health, either or both of which own the parkade and elevator, "owed a duty of care" to ensure that they were in a "reasonably safe condition," Pham says in the lawsuit.

TK Elevator also breached its duty by making, selling and installing a "defective elevator" that the company should have known would injure people trying to use it, the claim says.

The defendants failed to maintain "any system of inspection, maintenance and servicing" to make sure the elevator and parkade weren't dangerous, and failed to warn, place signs or take measures to protect people from the elevator, the lawsuit says.

Pham now has permanent disabilities, has lost income and will need future medical treatment, the court document says. She's seeking general and special damages, interest and costs, and any other relief.

These allegations have not been proven in court, and no statements of defence have been filed.

Spokespeople for Shared Health and the WRHA both said they do not publicly comment on matters before the courts. 

A spokesperson for TK Elevator also said the company does not comment on pending lawsuits. 

"The safety of both the riding public and its employees is TK Elevator's top priority," the spokesperson added.