What is the test for determining whether a slip and fall accident was precipitated by the condition of the premises where the accident occurred?
New Brunswick, Canada
The following excerpt is from Dashwood v. Pillars Club & Lounge, 2002 NBQB 92 (CanLII):
In cases of this nature, in the event it is determined that a slip and fall accident was precipitated by the condition of the premises where it occurred, it is then necessary to determine if the owner of occupier of the premises has met the standard of care to be reasonably expected with respect to the maintenance of the premises. In other words, it must be determined whether reasonably safe premises have been provided for the purposes contemplated. See: McAllister v. Wal-Mart Canada Inc. supra. Ultimately, this determination will involve a review and consideration of the maintenance and inspection system or program in place in order to determine if it is a reasonable and adequate system or program in the circumstances of each case that adequately protects customers from slip and fall accidents. [Page 14]
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