Can a municipality be liable in damages to a plaintiff who was injured as a result of the failure to repair the highway?
British Columbia, Canada
The following excerpt is from Barratt v. North Vancouver (District), 1978 CanLII 368 (BC CA):
At the outset of my consideration of this question I must confess that the theory that, while there is no obligation on the municipality to repair the highway and so it cannot be liable in damages to one who has been injured as a result of the highway falling into disrepair, the municipality may nevertheless be liable to the injured person on the ground that it failed to do something else than repair to save him from being injured by reason of that same state of disrepair, does not strike a responsive chord in me; and consequently I approach the possible application of Donoghue v. Stevenson with something less than enthusiasm.
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