Injury Claim from Tenant Walking Into a Refrigerator Dismissed
Reasons for judgement were published today by the BC Supreme Court, Vancouver Registry, dismissing an injury claim arising after a tenant walked into a refrigerator.
In today’s case (Van Hartevelt v. Oita Investments (BC) Ltd.) the Plaintiff was a tenant in an apartment complex owned by the Defendant. A refrigerator was left in the hallway for several days. The Plaintiff, who was aware the refrigerator was present, walked into it and allegedly injured his knee. He sued for damages but the claim was dismissed finding that he was the author of his own misfortune.
In dismissing the claim Mr Justice Funt provided the following reasons: