What is the test for determining whether a plaintiff is liable for injuries sustained as a result of an altercation in a nightclub?
British Columbia, Canada
The following excerpt is from Scheffer v. Everett, 2014 BCSC 118 (CanLII):
The applicants say this case is suitable for determination upon summary trial. They rely on the decision of Hartley v. RCM Management Ltd., 2010 BCSC 579. Hartley was a similar case in that the plaintiff was injured as a result of an altercation that took place in a nightclub. The evidence in that case was that a very loud argument or altercation went on for some two to two and one-half minutes prior to intervention by the nightclub staff. The court held that that period of time was more than enough time for the club security staff to intervene. The court held that having failed to do so, the club owners were 35% liable for the injuries. The court found that there was no conflict in the affidavit evidence as to what had occurred.
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