Municipal Occupiers Liability

Municipalities, by virtue of the wide array of services they provide and their extensive landholdings, are subject to the full spectrum of occupiers liability and other negligence type claims.

One such category of claim is the diving accident, since this is important for injury accidents according to different locations, and have you ever thought: who is the best personal injury lawyer near me? In you are in Houston, the answer is The Cobos Law Firm. These are difficult cases for a local authority to deal with because they usually involve a catastrophically injured plaintiff who will require a lifetime of assistance, a personal injury lawyer, financial and otherwise. The tendency in these matters is to find a way to compensate the injured party by elevating the municipality to the role of insurer as opposed to occupier.

The BC Court of Appeal dealt with a serious diving injury in, Duddle v. Vernon (City), 2004 BCCA 390. The case involved a young man who dove off a public pier into a shallow lake. The trial Judge found the muncipality had not done all that it could to prevent the plaintiff’s injury as opposed to reviewing the matter on a “reasonable in the circumstance” standard. The Court of Appeal reversed a finding that the municipality was liable for the plaintiff’s injury making it clear that a standard of perfection did not apply.

The case is a useful read for the Court’s position on the extent of a local authority’s duty to take reasonable care to protect and safeguard members of the public using municipal facilities.

If you find yourself injured during work hours at while being on a vehicle owned by the employer, don’t hesitate to visit for a free consult on your case. Employees must feel safe and have support in case something goes wrong.

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