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Slip and Fall Victim 75% to Blame for for Her Injury


Hunter v. Anderson, 2010 BCSC 1037
July 28, 2010- The claim in this injury case is  for injuries said to have resulted from slipping and falling on the front stairs to a  rental accommodation in Port Coquitlam.   The claimant received a rent reduction in exchange for her agreement to shovel and clear the outside staircase where she fell. The claimant had her son shovel snow the evening before the fall but not on the day of the fall.
The question  is whether as between the landlord and the tenant , the tenant’s assumption of the obligation to shovel and clear the snow vitiates the potential fault  of the landlord to her. The judge was unable to find any prior cases on point.
For an injury claimant  to succeed under the Occupiers Liability Act, she must prove on the balance of probabilities that the landlady  was an occupier of the premises where and when the accident occurred, that the landlady  breached a duty of care owed to the claimant  that the landlady ’s breach caused the claimant’s injury, and that the plaintiff suffered a loss.
The court found that the primary cause of the slip and fall was the residual ice and snow left on the stairs after the claimant and her son cleared them the previous evening.  The footwear worn by the claimant and the way she wore them was found to be a  contributing cause.  In the result, although because of the landlord’s status as an occupier and as a landlady on whom an obligation rests to ensure the premises were reasonably safe for persons using them, the judge found the landlady at fault.
However the judge also found that the circumstances of this case compel a finding of contributory negligence.  Weighing the parties’ respective fault  the judge  concluded there should be a finding that the injury claimant  is 75% liable for the accident and the  landlady is 25% liable.  Posted by Mr. Renn A. Holness
Issue: Should a renter that agrees to maintain a property be found at fault if their poor maintenence cause them an injury?

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One responseSlip and Fall Victim 75% to Blame for for Her Injury

  • The Best Vancouver Personal Injury Lawyers Need to Review the Snow Removal Laws « Holness Law Group Blog

    December 2, 2010 6:26am

    [...] by slipping  on ice or snow that should have been cleared by the homeowner.  I have posted on slip and fall ice and snow cases before and would add that homeowners now need to be aware [...]

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