What is the test for liability when a plaintiff walks on an oily patch?
Saskatchewan, Canada
The following excerpt is from Diederichs v. Metropolitan Stores Limited, 1956 CanLII 191 (SK QB):
“Dictum of Denman, J., in Watkins v. G.W. Ry. (1877) 46 LT 193, applied. “(ii) The oily patch was an unusual danger, in the circumstances, because the plaintiff could not be expected to be looking on the ground at every step and he was entitled to expect that the platform would be free from obstruction. The plaintiff was taking reasonable care for his own protection, and the defendants were liable.”
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a plaintiff rely on a waiver of liability clause in a snowmobile accident case? (Saskatchewan, Canada)
In what circumstances will a plaintiff be indemnified for any damage caused to a plaintiff’s storage facility by a lighter man? (Saskatchewan, Canada)
What is the test for a plaintiff to be held liable for walking into the path of a train? (Saskatchewan, Canada)
What is the difference between a plaintiff and plaintiff in a motor vehicle accident claim for medical attention? (Saskatchewan, Canada)
What is the test for proving liability in a tort action brought by a plaintiff who sustained nerve root damage during lumbar puncture procedures in 1990? (Saskatchewan, Canada)
How much share of liability should a plaintiff bear when they are not wearing a seatbelt? (Saskatchewan, Canada)
Does a plaintiff have a duty to others using the highway to avoid injury? (Saskatchewan, Canada)
How has liability been determined in respect of a broken jar? (Saskatchewan, Canada)
What is the test for a plaintiff to prove reasonable excuse in a motor vehicle accident case? (Saskatchewan, Canada)
What is the test for a request by the Chief Commissioner for Human Rights for an inquiry into allegations of sexual harassment against a plaintiff? (Saskatchewan, Canada)
