What is the standard for establishing a prima facie case in negligence when a passenger is injured on a bus?
Yukon, Canada
The following excerpt is from O'Neill v. City of Whitehorse, 2006 YKSM 1 (CanLII):
The same standard was articulated by McLachlin J. (as she then was) in Planidin v. Dykes et al, [1984] BCJ No. 907: These, and other cases, establish that once an accident occurs and a passenger is injured, a prima facie case in negligence is raised and the onus shifts to the public carrier to establish that the passenger’s injuries were occasioned without negligence on the company’s part.
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