Can a jury be found to be liable under the Occupier Liability Act?
British Columbia, Canada
The following excerpt is from Dominelli v. Saanich (District), 2005 BCSC 1455 (CanLII):
Fifth, Rendall v. Ewert et al.[6] The appeal in this matter was precipitated by an attack on a jury charge given by the trial judge. The trial itself was about the liability of the defendants as homeowners. The plaintiff was a visitor in that home. The semi-estranged son of the defendants entered the home, in the middle of the night, abducted the plaintiff, and severely beat her. The plaintiff sued the homeowners under the Occupiers Liability Act. The jury dismissed that claim.
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