What is the test for a plaintiff to bring an action against the owner of the premises for damages caused by the owner’s negligence?

Alberta, Canada


The following excerpt is from Bossert v. Grover Petroleums Ltd., 1977 CanLII 551 (AB QB):

Formerly this action would have been brought by the plaintiff as an invitee upon the premises, and the law in such a case is well settled. Willes J. in Indermaur v. Dames (1886), L.R. 1 C.P. 274, affirmed L.R. 2 C.P. 311, stated it as follows: “And, with respect to such a visitor at least, we consider it settled law that he, using reasonable care on his part for his own safety, is entitled to expect that the occupier shall on his part use reasonable care to prevent damage from unusual danger which he knows or ought to know”.

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