Can a landlord of a premises where an independent contractor excavates a ditch and causes injury to a plaintiff?
British Columbia, Canada
The following excerpt is from Dixon v. Eldorado Development Corp. Ltd., 1999 CanLII 5667 (BC SC):
In Goldmanis v. Mador, [1991] B.C.J. No. 3049 (S.C.)(QL), Prowse J. (as she then was) held that there was not sufficient evidence to show that the landlord of premises on which the plaintiff was injured exercised reasonable care in the supervision of the independent contractor. In that case, the independent contractor had excavated a ditch into which the plaintiff fell as he exited the premises. The landlord had told the third party to cover up the excavation as soon as possible, but there was no evidence that he followed up on that request to ensure that it was carried out, that there was a reasonable system of inspection of the excavation as it was proceeding or that any steps were taken to ensure the safety of the public in relation to the excavation.
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