Is a contractor liable if an inmate attacks a contractor or other invitee?

British Columbia, Canada


The following excerpt is from Ruffle v. Canada (Correctional Service), 2007 BCSC 1264 (CanLII):

I do not accept this submission. In my view it is foreseeable that an inmate may attack a contractor or other invitee. As noted in the quote above, prisons are dangerous places and inmates can be unpredictable. As the cases involving prison attacks show, there may be no rational explanation for an attack. The exact nature of the danger need not be foreseen: It is true that the duty of care expected in cases of this sort is confined to reasonably foreseeable dangers, but it does not necessarily follow that liability is escaped because the danger actually materializing is not identical with the danger reasonably foreseen and guarded against. Hughes v. Lord Advocate [1963] 1 All E.R. 705

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