(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.

Just Posted

VIDEO: Canada’s only mobile shower trailer for homeless run by Abbotsford Mennonites

Refresh Mobile Showers started operations on May 1, provided over 550 showers

Got that festive feeling? Here are some things to do in Abbotsford

Plenty of holiday fun still left leading up to Christmas

Fraser Valley Auto Mall concludes annual food drive with convoy

Event on Saturday, Dec. 14 delivers items collected over last few weeks

Santa’s helpers donate handmade toys and gifts to 7 Abbotsford charities

Group at seniors’ townhouse complex spends all year making the items

Finals set for Abby PD City Basketball Tournament

Championship Saturday ready to tip off at Columbia Bible College

VIDEO: These are the top toys this Christmas, B.C. toy experts say

Consider the play value of a game, staff at Toy Traders say

Prince George RCMP use bait packages to catch porch pirates over the holidays

First-in-Canada program with Amazon looks to combat parcel theft

Surrey councillor wants the policing transition process to ‘immediately stop’

Brenda Locke to make motion at Dec. 16 meeting to reconsider current plan

Man pleads guilty to second-degree murder in 2017 Stanley Park stabbing

Lubomir Kunik was found by a man out walking his dog on the beach late on Feb. 1, 2017

Vancouver homeless camp brings community, safety, home, says resident

Encampment in the city’s Downtown Eastside is one of many that have sprung up in B.C.

Nanaimo mechanical engineer creates thief tracking program

Nanaimo Thief Tracking lets users plot and share information about thefts online

Mayor wants B.C. to institutionalize severely mental ill people who are homeless

Those suffering from mental health conditions, such as schizophrenia, need specialized care, mayor says

Five things of note from Trudeau’s mandate letters to his ministers

Some marching orders come from the Liberal Party’s campaign, while others are new additions

Most Read