In a previous blog post on Occupier’s Liability, we reviewed the liability of a cafe for inadequate ladder and supervision in Woo v. Creme De La Crumb Bakeshop & Catering Ltd. 2019 BCSC 1752. In that case, a 66 year-old injured claimant suffered a severe brain injury when he fell from a ladder while doing…
If you are injured because of a slip and fall on ice on private property, you may have an injury claim against the occupier of the property for breaching the duty of care for failing to keep the area reasonably safe from hazards (ice). Who the occupier is will depend on the circumstances. An occupier…
Occupier’s liability in British Columbia imposes a duty on occupiers to take reasonable care that users of their premises are reasonably safe. This duty of care can be limited and excluded by an occupier in certain circumstances such as through releases and waivers of liability which are often required as a condition of participating in…
If you are injured because you have slipped or tripped on a hazard on private property, you may have a claim for compensation for your injuries against the property owner or the occupier of the property (i.e. tenant). Private property owners or occupiers include homeowners, business owners such as retail stores, restaurants and coffee shops,…
In order to succeed in a slip and fall claim against an owner or occupier of private property, an injured claimant must provide evidence of causation which is a connection between the wrongdoing of the occupier and the injury. An owner or occupier of private property owes the public a duty of care to take…
Dogs are popular pets who can bring a lot of joy and enjoyment. While many dogs appear to be friendly and playful, each dog has its own temperament and personality. It often takes a split second for a friendly interaction to go terribly wrong resulting in a dog bite or a dog attack leading to…
Property Owner’s Duty of Care The Occupiers Liability Act establishes responsibility upon property owners and occupiers to ensure their premises are safe and free of hazards. It creates a duty of care which is summarized as follows: The duty of care is to take reasonable care in the circumstances to make the premises safe The…
Written by Ms. Jacqueline A. Small, B.A. LL.B. – A property owner owes a duty of care to workers carrying out construction work on the business or home. Home and business owners could be responsible for injuries suffered by workers not protected from risks and hazards. This includes falling injuries and slip and fall. Occupier’s Liability…
Written by Jacqueline A. Small, B.A. LL.B Restaurant liability for customer injuries can result in significant money awards. Failure to provide warning signs can result in monetary compensation to the injured. Poor maintenance will also expose the restaurant owner to liability. A restaurant owes a duty to take reasonable care that customers on its premises…
This claimant was physically assaulted by an unknown customer while waiting in line at the retail store, London Drugs. He claimed London Drugs was civilly liable for the injuries he suffered in the assault. The claim was in negligence and under the Occupiers Liability Act, R.S.B.C. 1996, c. 337 ( slip and fall legislation). Without…