What is the burden of liability for a public carrier in cases of injury or accident sustained by a passenger?

British Columbia, Canada


The following excerpt is from Erickson v. Sibble, 2012 BCSC 1880 (CanLII):

In Visanji v. Eaton and Coast Mountain Bus Company Ltd., 2006 BCSC 656, Arnold-Bailey J. surveyed the authorities and summarized the governing principles in this instructive way, at para. 29: Whether the burden upon a public carrier in cases of injury or accident sustained by a passenger can be referred to as the shifting of the burden as in Day, or a matter of inferences to be drawn from the evidence once the plaintiff has established a prima facie case of negligence against the defendant carrier, as articulated in Fontaine, it is for the defendant to present evidence to answer, or be found negligent [citations omitted].

The majority of the authorities cited by counsel analyze the issue of liability in circumstances where the passenger was embarking, disembarking, standing or walking on the aisle when the injury occurred. One decision placed before me that deals with a seated passenger is Sarkar v. Sarai, [1993] B.C.J. No. 3203, on which the defendants rely heavily. In Sarkar, as the driver rounded a curve on the route, the female passenger suddenly slid across her seat and fell onto the floor. Her little son, who had been asleep on her lap, fell on top of her. The trial judge did not accept as accurate the plaintiff’s impression that the bus had been travelling faster than usual as it negotiated the curve, finding instead that the driver took the curve at his normal speed.

Other Questions


Can a public statute, empowering public actors to accomplish public goals, alone give rise to a private duty between those public actors and a particular member of the public? (British Columbia, Canada)
In a motor vehicle accident case, is there any case law where a wife who was a passenger in the vehicle was found to have been driving at the time of the collision? (British Columbia, Canada)
What is the test for proving a defendant's liability for injuries sustained in a motor vehicle accident? (British Columbia, Canada)
What is the test for claiming liability for injuries sustained in a motor vehicle accident? (British Columbia, Canada)
What is the standard of care for a public carrier to avoid or prevent injury to a passenger by applying an emergency brake? (British Columbia, Canada)
Does the mere fact that a passenger is injured while riding on a public carrier constitute a prima facie case of negligence? (British Columbia, Canada)
Does a plaintiff have to prove that the injuries to her back and nose were caused by the injuries sustained in a motor vehicle accident? (British Columbia, Canada)
In a personal injury action for damages for personal injury, is there any case law where there is little or no objective evidence of continuing injury? (British Columbia, Canada)
What is the test for proving a defendant's liability for injuries sustained by a plaintiff in a motor vehicle accident? (British Columbia, Canada)
In a motor vehicle accident involving a passenger in a collision involving a truck and a rock wall, is there any known case law relating to this injury? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.