(Kozzi)

Judge finds B.C. couple not liable after man slips, injures back on cleared sidewalk

The couple had cleared and salted the sidewalk in front of their home

A Burnaby couple is not liable for the injuries a man suffered when he fell on an icy sidewalk in front of their house, a B.C. Supreme Court judge has ruled.

According to court documents released Friday, Darwin Der was walking on the sloped sidewalk in front of the Burnaby home of Ang Zhao and Quianqiu Huang on Dec. 21, 2017.

He claimed the sidewalk appeared to have been cleared, but he slipped, fell backwards and hit his head. The then-75-year-old suffered a spinal injury and required surgery to fuse several vertebrae together.

Der’s claim sought damages from the City of Burnaby and blamed Zhao and Huang for not properly clearing the sidewalk.

The couple purchased the home in September 2017 and happened to move in on the same day as the fall.

Zhao claimed he had salted the sidewalk between Nov. 4 and Dec. 21, but did not recall on which days.

He said he went to the house after a heavy snowfall on Dec. 19 to clear the ice and snow, as per city bylaws, and used a shovel and spade.

Huang claimed she salted the sidewalk at about 8 a.m. on on Dec. 21 because it was moving day and the couple was worried the movers might fall.

When Zhao went to the home later that day, he claimed he saw salt on the sidewalk and believed it to be otherwise clean.

In her Nov. 22 judgment, Justice Heather MacNaughton found Der’s arguments to be “logically flawed.” She said he was essentially stating that homeowners did not have a duty of care to clear the sidewalk, but that they were liable if they cleared the sidewalk poorly.

“It is circular reasoning,” MacNaughton said.

She said Der failed to explain why Zhao and Huang should have been worried that their cleaning the sidewalk could have made it more, not less dangerous, as a result of the weather, the sidewalk structure or slope, and that ice could have formed after the fact.

ALSO READ: Former Canucks player suing financial advisors for negligence

ALSO READ: Aquilini companies deny negligence in U.S. vineyard fire that killed two kids


@katslepian

katya.slepian@bpdigital.ca

Like us on Facebook and follow us on Twitter.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Creston after-school program in jeopardy

The Grizzly Bear Out of School Care program would have around 23 children registered in past years, but due to COVID-19, it’s been limited to 16 youth — the number required in order for the program to continue

A word from the new editor

Aaron Hemens is editor for the Creston Valley Advance

Creston’s second annual 7th Siding Film Festival to return next week

Organizers opened their doors to international filmmakers, resulting in 1,000 entries from around the world

Creston police report: Aug. 3 to 10

Local RCMP received 106 calls for assistance

Health care priorities debated following surprise funding announcement

Surprise provincial funding stirs debate on local health care priorities during regional meeting

Canucks ride momentum into NHL playoff series against defending Stanley Cup champs

PREVIEW: Vancouver opens against St. Louis on Wednesday

Man, 54, charged in connection with fatal attack of Red Deer doctor

Doctor was killed in his walk-in clinic on Monday

One dead as fish boat sinks off southern Vancouver Island

Shawnigan Lake-registered Arctic Fox II went down off Cape Flattery, west of Victoria

Landlord takes front door, windows after single B.C. mom late with rent

Maple Ridge mom gets help from community generosity and government

42 more people test positive for COVID-19 in B.C.

The province has recorded no new deaths in recent days

Joe Biden selects California Sen. Kamala Harris as running mate

Harris and Biden plan to deliver remarks Wednesday in Wilmington

Lawsuit launched after Florida child handcuffed, booked and briefly jailed

Suit alleges “deliberate indifference” to what should have been handled as a behavioural issue

Russia approves vaccine, Putin hopes to begin mass production

Critic calls decision to proceed without thorough testing ‘dangerous and grossly immoral’

Most Read