Can an appellant be held liable for damages caused by a broken jar?
Saskatchewan, Canada
The following excerpt is from Nernberg v. Shop-Easy Stores Limited, 1966 CanLII 334 (SK CA):
Learned counsel for the appellant strongly argued that although the broken jar constituted an unusual danger, it was not one of which the appellant knew or ought to have known and, consequently, on the principles established in Indermaur v. Dames (1866) LR 1 CP 274, 35 LJCP 184, affirmed (1867) LR 2 CP 311, 36 LJCP 181, the appellant was not liable for the damages suffered by the respondent.
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