What are the principles of liability arising from Day?
British Columbia, Canada
The following excerpt is from Bideci v. Neuhold, 2014 BCSC 542 (CanLII):
The principles of liability arising from Day have been articulated into the following analytical approach: • once a passenger on a public carrier has been injured in an accident, a prima facie case of negligence is raised; and • it is for the public carrier to establish that the passenger’s injuries were occasioned without negligence on the part of the defendant or that it resulted from a cause for which the carrier was not responsible. See: Visanji v. Eaton and Coast Mountain Bus Co. Ltd., 2006 BCSC 656 at para. 26.
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