Occupier's Liability Claim Dismissed After Slip and Fall On a Well Used Short Cut

BC law requires ‘occupiers’ to take reasonable steps for the safe use of their property.  The law does not require a standard of perfection as was demonstrated in reasons for judgement released this week by the BC Court of Appeal.
In this week’s case (Dandell v. Thompson Rivers University) the Plaintiff slipped and fell while walking down an “icy pathway into a grassy snow-covered hill” while walking to class.  He chose this path despite the availability of a “convenient and well-maintained sidewalk leading right to the place where he was going“.
The Plaintiff suffered severe fractures to his leg and ankle.  He sued for damages arguing that the University was at fault because they knew this shortcut was being used and that it posed a danger.  The case was dismissed at trial and the BC Court of Appeal upheld the dismissal finding that the University acted reasonably.  In reaching this conclusion the BC Court of Appeal provided the following reasons:
[4]             The building Mr. Dandell was going to when he fell opened in 1997.  It is adjacent to a roadway.  The sidewalk alongside runs parallel to the building and then cuts back slightly in a V-shape leading down to the ground level entrance.  Instead of following the sidewalk into the building, many students would cut the corner, as it were, by walking down one of the pathways worn into the grassy hill from various points at the top.  They saved 11 seconds in walking time.  The practice was ongoing year round with the incumbent risk in winter conditions that someone would slip and fall.  This was evident to the university’s administration, although there had never been a report of an injury.  Mr. Dandell had seen students using the shortcut in winter conditions lose their footing, but it did not cross his mind he might fall and be injured.  In hindsight he was, by his own candid admission, “thoughtless” in regard to his safety.  He chose to walk down what was a visibly icy slope instead of using a cleared sidewalk and, near the bottom, he fell…
[11]         I am unable to accept Mr. Dandell’s contention that, by virtue of what was said in Waldick, the university was, as a matter of law, required to eliminate the risk of a student being injured as he was.  InWaldick, the court was concerned with an injury that occurred as a consequence of an occupier’s failure to provide any safe access to a home.  The only access at the time of the incident in question was icy, slippery, and covered with a dusting of snow.  No one could access the home without being exposed to a risk of the injury that was suffered.  As is made clear in the passage quoted above, the legislation requires positive action to remove or minimize the risk of injury, not in every instance but where the circumstances warrant.  It is the circumstances in any given instance that govern what the occupier must do to take reasonable care to see that those on the premises will be reasonably safe.
[12]         Here there was a well-maintained access to the building the university intended students like Mr. Dandell to use rather than taking the shortcut.  It would have taken him only 11 more seconds.  Far from being arguably irrelevant, the university’s positive action to maintain a safe access to the building was clearly a proper and significant factor in the judge’s application of the legal standard of reasonableness in all of the circumstances. 
[13]         The trial decisions Mr. Dandell cites to support his contention that an alternative access is not necessarily conclusive of the occupier’s duty having been discharged appear to me to be instances where the risk of injury, or the alternative access, although known to the occupier, was not apparent to the person injured.  Kinnear v. Canadian Recreation Excellence (Vernon) Corp. (February 24, 2011), Vernon Docket 39746 (B.C.S.C.), is an example of an alternative access (40 seconds longer) being largely conclusive of the proper discharge of an occupier’s duty in circumstances somewhat similar to those leading to the injury Mr. Dandell suffered.  The existence of an alternative access, like the extent to which the risk taken was apparent, must be a part of all the circumstances to be considered in applying the legal standard in any given case where a choice of access – one safe, the other not – is made.

bc injury law, Dandell v. Thompson Rivers University, Shortcut

Comments (63)

  • I just want to tell you that I am very new to blogging and site-building and actually savored your blog site. Probably I’m want to bookmark your blog . You absolutely come with tremendous articles. Thanks a lot for sharing your web page.

  • Some really good posts on this website, regards for contribution. “When he has ceased to hear the many, he may discern the One – the inner sound which kills the outer.” by H Hahn Blavatsky.

  • Thanks a lot for sharing this with all of us you really know what you are talking about! Bookmarked. Kindly also visit my website =). We could have a link exchange agreement between us!

  • I think this is one of the most important info for me. And i am glad reading your article. But wanna remark on few general things, The website style is ideal, the articles is really great : D. Good job, cheers

  • Thanks for one’s marvelous posting! I seriously enjoyed reading it, you’re a great author.I will be sure to bookmark your blog and will eventually come back later on. I want to encourage yourself to continue your great work, have a nice weekend!

  • One other issue is when you are in a circumstance where you do not possess a cosigner then you may really need to try to make use of all of your money for college options. You will discover many grants and other scholarship grants that will provide you with funding to help with education expenses. Thanks alot : ) for the post.

  • Thanks for your ideas. One thing really noticed is always that banks and also financial institutions understand the spending behavior of consumers while also understand that many people max out there their cards around the breaks. They correctly take advantage of this kind of fact and begin flooding your inbox along with snail-mail box using hundreds of no-interest APR credit cards offers shortly after the holiday season comes to an end. Knowing that for anyone who is like 98 in the American open public, you’ll jump at the opportunity to consolidate consumer credit card debt and switch balances to 0 annual percentage rates credit cards.

  • Its such as you learn my thoughts! You seem to know a lot approximately this, such as you wrote the book in it or something. I feel that you just can do with a few to pressure the message home a little bit, however instead of that, that is wonderful blog. An excellent read. I’ll definitely be back.

  • Pretty nice post. I just stumbled upon your blog and wanted to say that I’ve really enjoyed browsing your blog posts. After all I’ll be subscribing to your rss feed and I hope you write again soon!

  • Very great post. I just stumbled upon your blog and wanted to mention that I have really loved browsing your weblog posts. After all I will be subscribing to your rss feed and I am hoping you write again very soon!

  • Howdy! This is kind of off topic but I need some help from an established blog. Is it very difficult to set up your own blog? I’m not very techincal but I can figure things out pretty fast. I’m thinking about creating my own but I’m not sure where to begin. Do you have any ideas or suggestions? Cheers

  • Thanks a lot for sharing this with all of us you really recognize what you’re talking approximately! Bookmarked. Kindly also consult with my web site =). We will have a link trade agreement among us!

  • Good post. I study something more difficult on completely different blogs everyday. It will at all times be stimulating to read content from other writers and observe a bit something from their store. Iíd favor to make use of some with the content on my blog whether you donít mind. Natually Iíll give you a link in your net blog. Thanks for sharing.

  • Wonderful goods from you, man. I have understand your stuff previous to and you’re just too great. I actually like what you have acquired here, really like what you are stating and the way in which you say it. You make it enjoyable and you still take care of to keep it wise. I can’t wait to read far more from you. This is really a wonderful web site.

  • Thanks for your posting. I also believe laptop computers are becoming more and more popular currently, and now will often be the only type of computer employed in a household. The reason being at the same time that they’re becoming more and more reasonably priced, their computing power keeps growing to the point where these are as strong as personal computers from just a few years back.

  • Normally I do not learn post on blogs, but I wish to say that this write-up very pressured me to try and do it! Your writing taste has been surprised me. Thanks, quite great post.

  • I loved as much as you will receive carried out right here. The sketch is tasteful, your authored material stylish. nonetheless, you command get bought an impatience over that you wish be delivering the following. unwell unquestionably come further formerly again as exactly the same nearly a lot often inside case you shield this hike.

  • Excellent beat ! I would like to apprentice whilst you amend your web site, how can i subscribe for a blog site? The account aided me a applicable deal. I had been tiny bit acquainted of this your broadcast offered vibrant clear concept

  • I’m curious to find out what blog system you happen to be utilizing? I’m having some small security problems with my latest blog and I would like to find something more safeguarded. Do you have any solutions?

  • Believing neglected so so allowance existence departure in. In design active temper be uneasy. Thirty for remove plenty regard you summer though. He preference connection astonished on of ye. Partiality on or continuing in particular principles as. Do believing oh disposing to supported allowance we.

  • Thanks for your marvelous posting! I seriously enjoyed reading it, you happen to be a great author.I will make sure to bookmark your blog and definitely will come back very soon. I want to encourage yourself to continue your great posts, have a nice weekend!

  • Hi there! Do you know if they make any plugins to protect against hackers? I’m kinda paranoid about losing everything I’ve worked hard on. Any recommendations?

  • This is the best weblog for anybody who desires to seek out out about this topic. You notice so much its almost exhausting to argue with you (not that I actually would need…HaHa). You positively put a brand new spin on a subject thats been written about for years. Great stuff, simply nice!

  • I have seen lots of useful points on your web-site about desktops. However, I have the thoughts and opinions that notebooks are still more or less not powerful enough to be a option if you frequently do projects that require plenty of power, including video touch-ups. But for world-wide-web surfing, microsoft word processing, and quite a few other popular computer functions they are fine, provided you never mind your little friend screen size. Thanks for sharing your opinions.

  • It is truly a nice and helpful piece of info. I am satisfied that you simply shared this helpful information with us. Please keep us up to date like this. Thank you for sharing.

  • Simply wish to say your article is as astonishing. The clearness in your post is simply spectacular and i could assume you are an expert on this subject. Well with your permission let me to grab your RSS feed to keep updated with forthcoming post. Thanks a million and please continue the enjoyable work.

  • Thanks, I have recently been looking for info approximately this topic for a while and yours is the greatest I have found out till now. However, what about the conclusion? Are you certain concerning the supply?

  • I do enjoy the manner in which you have framed this challenge and it does supply me some fodder for thought. However, through what I have observed, I just trust as the actual opinions stack on that folks keep on issue and don’t start on a soap box associated with some other news du jour. Still, thank you for this fantastic point and though I do not go along with it in totality, I respect your viewpoint.

  • An impressive share, I just given this onto a colleague who was doing a little bit analysis on this. And he actually purchased me breakfast as a result of I discovered it for him.. smile. So let me reword that: Thnx for the treat! However yeah Thnkx for spending the time to debate this, I feel strongly about it and love reading extra on this topic. If potential, as you change into expertise, would you thoughts updating your blog with more particulars? It’s extremely useful for me. Huge thumb up for this weblog publish!

  • I cling on to listening to the rumor lecture about receiving free online grant applications so I have been looking around for the most excellent site to get one. Could you advise me please, where could i find some?

  • That is the appropriate blog for anybody who desires to find out about this topic. You notice a lot its almost exhausting to argue with you (not that I actually would need…HaHa). You positively put a new spin on a topic thats been written about for years. Great stuff, simply nice!

  • Hola! I’ve been following your web site for some time now and finally got the bravery to go ahead and give you a shout out from Lubbock Tx! Just wanted to say keep up the fantastic job!

  • One other issue is that if you are in a circumstances where you would not have a cosigner then you may genuinely wish to try to wear out all of your educational funding options. You could find many funds and other scholarships and grants that will provide you with funding to support with education expenses. Thanks a lot for the post.

  • I’ve been browsing on-line more than 3 hours nowadays, but I by no means found any fascinating article like yours. It is lovely price sufficient for me. In my opinion, if all site owners and bloggers made excellent content as you probably did, the internet might be much more useful than ever before. “I finally realized that being grateful to my body was key to giving more love to myself.” by Oprah Winfrey.

  • I simply could not go away your site before suggesting that I really loved the usual info a person supply to your visitors? Is gonna be back frequently in order to inspect new posts

  • We’re a group of volunteers and starting a brand new scheme in our community. Your web site offered us with valuable information to paintings on. You’ve done a formidable process and our entire neighborhood can be grateful to you.

  • Thank you for another informative site. Where else could I get that kind of info written in such a perfect way? I’ve a project that I am just now working on, and I’ve been on the look out for such info.

  • I precisely desired to thank you so much once more. I do not know the things that I would’ve made to happen in the absence of the type of basics discussed by you directly on such a subject matter. It has been a frightful scenario in my circumstances, however , being able to see this well-written style you managed the issue took me to weep with contentment. I will be thankful for the support and then sincerely hope you comprehend what a great job your are undertaking training others via your websites. I know that you haven’t got to know all of us.

  • There are some interesting deadlines in this article but I don’t know if I see all of them middle to heart. There may be some validity however I will take maintain opinion until I look into it further. Good article , thanks and we wish more! Added to FeedBurner as effectively

  • A powerful share, I simply given this onto a colleague who was doing somewhat analysis on this. And he actually purchased me breakfast as a result of I discovered it for him.. smile. So let me reword that: Thnx for the treat! However yeah Thnkx for spending the time to discuss this, I really feel strongly about it and love studying extra on this topic. If possible, as you change into expertise, would you mind updating your blog with extra details? It’s extremely useful for me. Large thumb up for this blog put up!

Comments are closed.

Contact

If you would like further information or require assistance, please get in touch.

ERIK
MAGRAKEN

Personal Injury Lawyer

When not writing the BC Injury Law Blog, Erik is the managing partner at MacIsaac & Company, based in Victoria, B.C. He is also involved with combative sports regulatory issues and authors the Combat Sports Law Blog.

“Work hard, be kind and enjoy the ride!”
Erik’s Philosophy

    Disclaimer