Occupiers’ Liability and Flying Hockey Pucks
This week a claim was filed by Warnett Hallen LLP on behalf of a British Columbia resident against the Vancouver Canucks. Mr. Chi who attended a hockey game in April 2014 was hit by an errant hockey puck and sustained injuries.
Mr. Chi suffered an injury to his forehead, neck and back, as well as headaches, nausea and dizziness. Manjot Hallen told CTV News, “When someone goes to a hockey game there should be an expectation you are not going to suffer an injury.”
Personal Injury Covered by the Occupiers’ Liability Act
The media and general public are taking sides on this case — stating that hockey fans should expect there might be flying pucks. However, the Occupiers’ Liability Act covers property or premise liability and requires that property owners keep the premises safe so visitors are not injured. In BC, the Occupiers’ Liability Act states in section 3.1:
An occupier of premises owes a duty to take that care that in all the circumstances of the case is reasonable to see that a person, and the person’s property, on the premises, and property on the premises of a person, whether or not that person personally enters on the premises, will be reasonably safe in using the premises.
In Canada, our laws and court system allow for a citizen to file a civil claim for injuries due to negligence.
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