Former inmate receives $38,500 in restitution after fall in jail
Springhill Institution is a Canadian federal correctional facility located in Springhill, Nova Scotia.
A former inmate of a Nova Scotia prison received nearly 40 $000 in restitution after falling while leaving his cell in 2016.
Ryan Zwicker was admitted to the Canadian Federal Correctional Institution in Springhill, Nova Scotia, on February 18, 2016, after being convicted of possession of narcotics for the purpose of trafficking.
A week later, he was leaving his cell for recess when he slipped on a puddle in the hallway. The 42-year-old inmate fell and hit his head on the concrete floor.
Zwicker's case was heard by the Supreme Court of Nova Scotia last year. He argued that the defendant, the Attorney General of Canada, failed to take reasonable precautions to prevent his injury from occurring.
In a judgment issued earlier this month, Supreme Court Justice D. Timothy Gabriel ruled that the Attorney General of Canada failed to meet the standard of due diligence to which the inmate was entitled to expectation. #x27;wait.
Three inmates who were in their cells at the time of the fall testified in this case. Two inmates reported seeing water on the ground before the fall. One said the liquid had been there for at least two hours before the fall.
The inmate reportedly slipped on water that had pooled outside his cell at Springhill Correctional Facility.
Timothy Thomas, one of three correctional officers on duty at the time, also testified. He did not witness the fall, but he helped move Ryan Zwicker after he fell and saw nothing on the ground.
He also indicated that& #x27;there is no particular policy on how a hazard, such as a liquid spill, should be handled once discovered.
The absence of a policy governing the conduct of on-duty personnel when a danger is discovered is critical, Judge Gabriel wrote in his decision.
I recognize that [the Correctional Service of Canada] already has a myriad of policies. It is not possible to design let alone regulate every possible situation that could potentially arise in a facility as large as Springhill. However, it requires neither hindsight nor foresight to foresee that a wet floor would pose a serious risk to inmates and staff.
The Court asked to see the footage of the fall, but the prison did not keep it because there was no assault.
After a short visit at the hopita; Ryan Zwicker has returned to his cell.
One of the common areas of Springhill Correctional Center .
In the days after the fall, he reported neck and head aches and nausea. Two or three of the guards were laughing and making offensive jokes at his expense, the judge wrote in his ruling.
Ryan Zwicker felt like he was not getting the medical care he needed.
His numerous complaints were noted in his file medical by the doctor of the establishment.
In early 2017, Ryan Zwicker received a parole during which he has his family doctor, who said he suffered a bad concussion.
He prescribed Valium in addition to referring him to a neurologist.
But before getting an appointment, Ryan Zwicker was sent back to Springhill for violating the conditions of his release.< /p>
In prison, he saw a neurologist who noted that he suffered from headaches, visual and balance problems, fatigue, depression and anxiety.
A doctor examines an image of the brain of a person who has suffered a concussion.
< p class="e-p">In 2018 when he finally got out of prison, he saw another neurologist who agreed he had suffered a concussion.
Ryan Zwicker now lives in Toronto and works in a restaurant, but at a reduced level due to his condition.
He says he continues to have short-term memory loss and debilitating headaches, which the judge says is related to the head trauma he suffered on February 25, 2016.
But, the judge also deducted 30% of the amount because Ryan Zwicker did not pursue all the treatments suggested by his doctors, who, according to the judge, would have alleviated certain symptoms.
The Attorney General of Canada will therefore have to pay $38,500 in damages.
With the information from Cassidy Chisholm from CBC< em>