What is a duty of care for a defendant in a personal injury action?
British Columbia, Canada
The following excerpt is from Jastram Properties Ltd. v HSBC Bank Canada, 2021 BCSC 2204 (CanLII):
The existence of a duty of care simply means that the defendant is in a relationship of sufficient proximity with the plaintiff that he or she ought to have the plaintiff in mind as a person foreseeably harmed by his or her wrongful actions. It is not a duty to do anything specific; it is a duty to take reasonable care to avoid causing foreseeable harm: Ryan v. Victoria (City), 1999 CanLII 706 (SCC), [1999] 1 S.C.R. 201, at paras. 25-27.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a plaintiff in a personal injury action commence an action against a defendant in the same action against the same defendant? (British Columbia, Canada)
If historical driving records are relevant in personal injury actions, would they be relevant in a personal injury action? (British Columbia, Canada)
In a personal injury action for damages for personal injury, is there any case law where there is little or no objective evidence of continuing injury? (British Columbia, Canada)
In a personal injury action, can a plaintiff recover large amounts of personal injury damages from a vocational consultant? (British Columbia, Canada)
In a personal injury action for damages for personal injury, what is the current state of the law on pain? (British Columbia, Canada)
Is a party to a personal injury action entitled to production of a party’s personal injury report? (British Columbia, Canada)
Can a defendant in a personal injury action make use of a medical report and clinical report obtained from an earlier and by then settled wrongful dismissal action? (British Columbia, Canada)
What is the burden of a defendant in a personal injury action? (British Columbia, Canada)
What is the test for determining a range of issues in a personal injury action brought by a plaintiff against an ICBC defendant? (British Columbia, Canada)
Is a plaintiff’s personal injury fund available for use in a personal injury litigation deduction? (British Columbia, Canada)
