(Kozzi)

(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

Kelly Ng (left) tries to get the attention of Podzol and Aquila as twin sister, Pauline Ng, snaps a photo of the two dogs by a field of hyacinths at the Chilliwack Tulips attraction on April 13. (Jenna Hauck/ Chilliwack Progress)
PHOTOS: Strolling through tulips, hyacinths and daffodils at Chilliwack Tulips attraction

Colourful spring flower attraction opened on the weekend in Chilliwack, continues into May

Cannabis plants visible under bright lights inside a large facility at Shxwha:y Village on July 6, 2018. The reserve was home to the licensed producer for Indigenous Bloom, which opened up a dispensary on the Kwaw-Kwaw-Apilt reserve. On April 12, 2021, Shxwha:y announced Health Canada approval for a licensed production facility at the village. (Paul Henderson/ Chilliwack Progress file)
Chilliwack’s Shxwha:y First Nation approved for cannabis cultivation and processing facility

It will be the first majority-owned Indigenous on-reserve licensed facility in Western Canada

Commercial trucks head south towards the Pacific Highway border crossing Wednesday (April 14, 2021). The union representing Canadian border officers wants its members to be included on the frontline priority list for the COVID-19 vaccine. (Aaron Hinks photo)
CBSA officers’ union calls for vaccine priority in B.C.

Border officers at ports including South Surrey’s Pacific Highway should ‘not be left behind’

Bat Packs are the newest addition to the FVRL Playground, and have everything you need to learn more about bats, and track them in your neighbourhood. (FVRL image)
Bat Packs at Fraser Valley libraries come with echometer to track bats

Packs are the newest part of the FVRL Playground inventory

Demonstrators at the legislature on April 14 called on the province to decriminalize drug possession and provide widespread access to regulated safe supply across B.C. (Jake Romphf/News Staff)
Rally calls for decriminalization, safe supply on 5th anniversary of overdose emergency declaration

From 2016 to the end of February, 7,072 British Columbians died due to overdose

Surrey RCMP are seeking the public's help to locate three puppies stolen from a South Surrey home on April 10. (Surrey RCMP photos)
UPDATE: 1 of 3 puppies stolen from South Surrey returned to owner

American Bulldog puppy recovered after being sold at Mission car show

Two women walk past ‘The Meeting’ sculptures in White Rock’s Miramar Plaza Wednesday afternoon. (Aaron Hinks photo)
New public art in White Rock faces criticism as the ‘two Michaels’ remain in China’s custody

‘I would encourage people to go out and enjoy it’ said Vancouver Biennale founder

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

(Government of Canada)
Liberal MP caught stark naked during House of Commons video conference

William Amos, in Quebec, appeared on the screens of his fellow members of Parliament completely naked

Provincial health officer Dr. Bonnie Henry updates B.C.’s COVID-19 situation at the B.C. legislature, Feb. 1, 2020. (B.C. government)
B.C.’s COVID-19 case count jumps to 1,168 Wednesday, nearly 400 in hospital

Now 120 coronavirus patients in intensive care, six more deaths

Moss covered branches are seen in the Avatar Old Growth Forest near Port Renfrew on Vancouver Island, B.C. Thursday, Sept. 29, 2011. THE CANADIAN PRESS/Jonathan Hayward
B.C. blockades aimed at protecting old-growth forests reveal First Nation split

Two Pacheedaht chiefs say they’re ‘concerned about the increasing polarization over forestry activities’ in the territory

Everett Cummings in a tribute video posted to dignitymemorial.com.
Mechanic’s death at Fraser Surrey Docks leads to $200K fine for company, union says

Photos of rally outside Surrey court posted on ILWU’s ‘Kill A Worker Go To Jail’ Facebook page

Most Read