What is the test for an action where a tap in a bathroom is left open?
British Columbia, Canada
The following excerpt is from Westsea Construction Ltd. v. Billedeau, 2010 BCPC 109 (CanLII):
The Claimant relies of the case of Powley v. Mickleborough (1910) O.R. 556 where a tap was left open in the bathroom and overflowed causing damage. It was held in that case that it was for the occupant to prove that the overflow was not caused by the fault of the defendant.
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