What is the standard of care of a defendant in a personal injury claim?
British Columbia, Canada
The following excerpt is from VH v. HMTQ, 2014 BCPC 114 (CanLII):
The defendant admits that it owed the claimant a duty of care. It argues that the claimant must prove the appropriate standard of care through the tendering of expert evidence. Relying on an oral judgment of Madam Justice Fisher in Lee v. Her Majesty in Right of the Province, dated February 9th, 2005, where there was consideration of a similar claim. In that case, she wrote: The issue of whether or not there should be rails may require some kind of expert evidence.
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