(Kozzi)

Judge finds B.C. couple not liable after man slips, injures back on cleared sidewalk

The couple had cleared and salted the sidewalk in front of their home

A Burnaby couple is not liable for the injuries a man suffered when he fell on an icy sidewalk in front of their house, a B.C. Supreme Court judge has ruled.

According to court documents released Friday, Darwin Der was walking on the sloped sidewalk in front of the Burnaby home of Ang Zhao and Quianqiu Huang on Dec. 21, 2017.

He claimed the sidewalk appeared to have been cleared, but he slipped, fell backwards and hit his head. The then-75-year-old suffered a spinal injury and required surgery to fuse several vertebrae together.

Der’s claim sought damages from the City of Burnaby and blamed Zhao and Huang for not properly clearing the sidewalk.

The couple purchased the home in September 2017 and happened to move in on the same day as the fall.

Zhao claimed he had salted the sidewalk between Nov. 4 and Dec. 21, but did not recall on which days.

He said he went to the house after a heavy snowfall on Dec. 19 to clear the ice and snow, as per city bylaws, and used a shovel and spade.

Huang claimed she salted the sidewalk at about 8 a.m. on on Dec. 21 because it was moving day and the couple was worried the movers might fall.

When Zhao went to the home later that day, he claimed he saw salt on the sidewalk and believed it to be otherwise clean.

In her Nov. 22 judgment, Justice Heather MacNaughton found Der’s arguments to be “logically flawed.” She said he was essentially stating that homeowners did not have a duty of care to clear the sidewalk, but that they were liable if they cleared the sidewalk poorly.

“It is circular reasoning,” MacNaughton said.

She said Der failed to explain why Zhao and Huang should have been worried that their cleaning the sidewalk could have made it more, not less dangerous, as a result of the weather, the sidewalk structure or slope, and that ice could have formed after the fact.

ALSO READ: Former Canucks player suing financial advisors for negligence

ALSO READ: Aquilini companies deny negligence in U.S. vineyard fire that killed two kids


@katslepian

katya.slepian@bpdigital.ca

Like us on Facebook and follow us on Twitter.

Just Posted

Beacon Avenue pot shop dispute heading to court

The two sides are scheduled to meet in early January 2020 in a Victoria courtroom

Judge’s decision set for January in dangerous driving trial for crash that left Saanich girl unresponsive

Tenessa Nikirk is charged with one count of dangerous driving after Leila Bui was struck in 2017

Donations down, Peninsula Santa’s Helpers worry heading into final week of toy drive

Coin, toy drive supports 250 children registered with the Saanich Peninsula Lions Food Bank

Oak Bay Police melt dozens of guns into metal cube

Set of rare dueling muskets could go to museum

Victoria Police Department taking too long to respond to emergency calls

A new report says VicPD is not meeting its 911 response targets

VIDEO: Harbour Air makes history with first electric aircraft test flight

Successful flight marks first of its kind in the world

Greater Victoria wanted list for the week of Dec. 10

Greater Victoria Crime Stoppers is seeking the public’s help in locating the… Continue reading

POLL: Do you have a real or artificial Christmas tree?

The lights are up, holiday shoppers are bustling through the streets and… Continue reading

Tavares scores twice as Maple Leafs earn 4-1 win over Canucks

Vancouver sees two-game win streak snapped

UPDATED: No survivors in Gabriola Island plane crash: RCMP

Coroner confirms multiple fatalities after small plane goes down Tuesday night near Nanaimo

The Grinch who Stole a Hedge: Security camera captures Chilliwack tree theft

RCMP arrives as person calmly walks away with tree in downtown area

The Russell Troupe finds a comfort zone in small Island community

Family gathering with two parents and five kids a common scene around Chemainus

Salmonella outbreak in Canada linked to rodents and snakes

92 cases of salmonella across six provinces, including B.C.

Meng Wanzhou wins right to more documents involving arrest at Vancouver airport

Defence lawyers allege the Huawei executive was unlawfully detained, searched and interrogated

Most Read