What is the extent of liability for moisture on the floor of a hospital corridor?

Saskatchewan, Canada


The following excerpt is from Miller v. Unity Union Hospital Board, 1974 CanLII 928 (SK QB):

Turning to the case before me, the care given to the hospital corridors has been recorded supra. Likewise, mention has been made of the procedure followed after 3:30 p.m. I am of the view that the defendant is subject to no criticism in this regard. That is to say, considering all factors including the size of the operation, a reasonable system of cleanliness, safety and inspection was maintained. A finding is warranted that the moisture on the floor was not of long standing. Also its amount can be considered as minute. The plaintiff, unknown to her, travelled safely through or around it on her way to the telephone. Her own description of what she saw on her return indicates a small quantity — “little bits” she called the spots and later she described them as “the size of a quarter maybe”. Based upon these facts it is my conclusion that under normal circumstances, the defendant, through its employees, was not in a position where it ought to have known of the spots of moisture on the floor. Finding the opposite on these facts would, in my opinion, require the applicable law to create a liability which Disbery J. in Joubert v. Davidner, supra, expressly emphasized is not there when he said (61 W.W.R. 402 at 408): “the law does not place upon invitors the greater liability of being insurers or guarantors of the safety of their invitees when upon their premises”.

Other Questions


Is there a violation of expectancy by a spectator who fails to notice the difference in floor level between floor level and floor level? (Saskatchewan, Canada)
Is there any case law where a defendant was not aware of the unusual danger caused by moisture on the floor into which a plaintiff stepped into? (Saskatchewan, Canada)
Does a hospital authority have the authority to regulate a hospital? (Saskatchewan, Canada)
What is the law on personal liability for executors? (Saskatchewan, Canada)
What is the test for liability for damage caused to a person’s property by workmen who cause damage to the property? (Saskatchewan, Canada)
Is a contract for the transfer of rights and liabilities of the mother of an illegitimate child invalid? (Saskatchewan, Canada)
What is the liability of a private contractor who causes the construction of a bridge over the River estuary? (Saskatchewan, Canada)
What common law principles apply to occupiers' liability? (Saskatchewan, Canada)
Is an undertaking by the lessor a condition precedent to the liability of the lessee? (Saskatchewan, Canada)
Is a hospital liable for the safety of a patient it admits into its care? (Saskatchewan, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.