(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.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Isles offence picks up against Peninsula

Kerry Park better at both ends of the ice in winless weekend

Water levels in Cowichan Lake high after recent wet weather

Snow pack in local mountains also looking good

VIDEO: Hear sultry jazz songstress Laila Biali in speakeasy setting in Cowichan

Cabaret Series at Cowichan Theatre closes its 2019/20 season with super show

Baby bear carving stolen from his family in Chemainus

Thief repeatedly kicked it and dislodged it from cement and rebar

Gas leak prompts mop-up response in Chemainus

Thorough check made of Croft Place before residents and business people return

VIDEO: As 106 reported dead from the coronavirus outbreak, countries look to evacuate citizens

Canada is warning its residents to not go to Hubei province at all

Pregnant B.C. woman stuck in Wuhan, the epicentre of coronavirus outbreak

Woman is due to give birth in Wuhan, China unless she can get out

Taxi association asks B.C. Supreme Court to stop Uber, Lyft from operating

Petition alleges Passenger Transportation Board did not take taxis into account

Majority of Canadian boards had no female members in 2016 and 2017: StatCan

Statistics Canada says 18.1 per cent of director seats were held by women in 2017

Swapping grape varieties can help winemakers adapt to climate change: UBC study

Report says 56% of wine-grape-growing regions would be lost if global climate warms by 2 C

Alberta premier wants feds to approve Teck mine for benefit of First Nations

Kenney: ‘Surely [reconciliation] means saying yes to economic development for First Nations people’

Filming for Resident Alien begins in Ladysmith

Aliens and excitement take over the streets of Ladysmith during new TV series

NDP suggests easing secondary housing rules for B.C. farmland

Lana Popham proposes guest homes not just for relatives

Most Read