Does the mere fact that a passenger is injured while riding on a public carrier constitute a prima facie case of negligence?
British Columbia, Canada
The following excerpt is from Clarkson v Elding, 2020 BCSC 72 (CanLII):
In Benavides v. Insurance Corporation of British Columbia, 2017 BCCA 15 at para. 17, our Court of Appeal confirmed that the mere fact that a passenger is injured while riding on a public carrier does not establish a prima facie case of negligence. The plaintiff bears the burden of proving on a balance of probabilities that the defendant breached the standard of care owed to the plaintiff.
It is not, in itself, a breach of the standard of care for a bus driver to stop abruptly, even where an abrupt stop causes injuries to passengers. As stated by Madam Justice Ballance in Erickson v. Sibble, 2012 BCSC 1880 at para. 57:
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