What is the standard of care required by the courts to avoid liability for negligent conduct?
British Columbia, Canada
The following excerpt is from Barkley v. Sooter Studios Ltd., 2001 BCSC 476 (CanLII):
In Ryan v. Victoria (City), 1999 CanLII 706 (SCC), [1999] 1 S.C.R. 201 (S.C.C.), Major J., delivering the judgment of the court, said at para. 28: Conduct is negligent if it creates an objectively unreasonable risk of harm. To avoid liability, a person must exercise the standard of care that would be expected of an ordinary, reasonable and prudent person in the same circumstances. The measure of what is reasonable depends on the facts of each case, including the likelihood of a known or foreseeable harm, the gravity of that harm, and the burden or cost which would be incurred to prevent the injury.
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