What is the duty of an occupier of a building to ensure the safety of a plaintiff?
British Columbia, Canada
The following excerpt is from Miller v. Kamloops (City), 2003 BCSC 908 (CanLII):
In Nabholtz v. Kimberley (City), [2002] B.C.J. No. 261, 2002 BCSC 174, Brooke J. wrote at ¶11: The law is clear that an occupier is not an insurer of the plaintiff's safety. Its duty is to take that care that in all the circumstances of the case is reasonable to see that a person will be reasonably safe in using the premises. The standard of care is reasonableness and not perfection.
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