Professional Documents
Culture Documents
Module 3, Part A - Tort Law
Module 3, Part A - Tort Law
LAW 272
Part A
Learning Objectives:
● To isolate factors that may reduce liability for breach of duty of care
Definition of Tort
○ Mind
○ Property
○ Pocketbook
Reasonable Person
The Reasonable Person Test – what would a careful,
thoughtful person in the same circumstances have done? Test
Duty of Care - Children
“Brown slipped on a recently mopped floor in the hotel lobby and sustained injuries. The
accident was captured on security camera. The court noted that the plaintiff was in no
particular rush. The video depicted the plaintiff entering the lobby and speaking with a guest
services representative of hotel. While that conversation took place, a cleaner employed by
the hotel began to mop the area behind the plaintiff. The cleaner had placed one caution sign
in the area that was recently mopped. The Guest Services employee was aware of the
ongoing cleaning but did not mention it to the plaintiff, who was eventually directed to the
elevator which required that he walk through the recently mopped area of the floor. He
slipped and was injured.”
https://www.mondaq.com/canada/personal-injury/551710/occupiers-liability-claim-leaves-hotel-mopped
Unintentional Tort (Negligence) Example
Brown v. Marriott [2016]
“The General Manager of the hotel gave evidence that the Guest Services representative was
required, as part of the hotel's protocol, to advise the guest of the recently mopped floor.
Moreover, the cleaner only placed one warning sign which did not accurately demarcate the
area of danger.
The takeaway: reasonable measures taken by an occupier to ensure safety usually requires
an inspection protocol in place. If they do not have one, or if they have one and do not follow
it, liability is likely to follow.”
https://www.mondaq.com/canada/personal-injury/551710/occupiers-liability-claim-leaves-hotel-mopped
Unintentional Tort (Negligence) Example
Brown v. Marriott [2016]
2. The hotel breached their duty of care by not ensuring the guest’s safety
4. There was proximate cause since the injury was a direct result of not providing adequate
warning that the floor was wet.
1. Act of God
2. Waivers and Disclaimers
3. Contributory Negligence
4. Last Clear Chance Exception #2 - #5 involve the
plaintiff’s own
5. Voluntary Assumption of Risk conduct
1. Act of God
Nieto was injured exiting the hotel on a step that was found to be an
unusual danger. The warning was not sufficient but she had already used
the step previously.
The hotel was found 75% liable, and the plaintiff was 25% contributorily
negligent.
4. Last Clear Chance Exception
On his way he knocked a pair of sandals into the water. He said he would
retrieve them. The others told him not to bother but Alchimowicz climbed
onto the railing, ignored a shouted warning, and dove in. The water was four
feet deep. He slammed into the bottom and was rendered a quadriplegic.
Alchimowicz’s blood alcohol level was between 250 and 300 mg per 100 ml
of blood, a considerable amount.
Alchimowicz brought an action against the city (owner of the dock), the party
host, each of the guests who went to the beach, as well as the restaurant
they all worked together at.
Last Clear Chance Exception Example
Alchimowicz v. City of Windsor, et al. [1997] (pg. 98)
None of the defendants knew how much Alchimowicz had drank over the
course of the evening. In the reasonable view of the defendants who had been
present, he had drank a controlled amount. Alchimowicz contended that the
defendants owed him a duty of care not to take him to such a dangerous
place given his state of inebriation. The court determined no such duty was
owed as they would have had to have known the extent of his intoxication.
The defendants had not witnessed excessive drinking, had not supplied him
with alcohol, had not made him drive, and had not made him dive.
The court ruled Alchimowicz’s injuries were not caused or contributed to by
the acts or omissions of any of the defendants.
5. Voluntary Assumption of Risk
Lorraine Ball had a reservation at a Hilton hotel. When she arrived she was informed by the
doorman that there was a downtown area electric power failure and there was no lighting
or elevator service in the hotel. The plaintiff checked her baggage and then inquired about
the washrooms. The doorman advised they were downstairs, it would be quite dark on the
staircase, and the plaintiff would not be able to see the doors to the restroom. The
doorman gave her a small, lighted candle and she proceeded downstairs. She fell down the
stairs and received injuries. In her complaint against the hotel she alleged that her injuries
were directly caused by the negligence of the defendant in inducing her to enter a
hazardous, darkened area of the hotel. The doorman testified that he told her of the power
failure and she corroborated his testimony.
The court determined the plaintiff assumed risk of injury and no settlement was allowed.
Voluntary Assumption of Risk Example
Beauchamp v. Ayotte et al. (pg. 99)
Beauchamp drank several beer over an extended time. He left one licenced room
for another upstairs in the hotel. He was familiar with the staircase. After an
argument, he left the second room and fell on the staircase, fatally injuring
himself.
The court found the deceased 40% liable and the hotel 60% liable.
An employee fell down a staircase. The staircase had been used for years without
mishap.
The court found the plaintiff had accepted the risk of using the staircase and the
hotel was not found liable.
How do we apply the law?
Burden of Proof
…who must prove their position?
Causation & Burden of Proof
When these elements are present, the burden of proof shifts to the defendant
Res Ipsa Loquitur Example
S. v. J.M.I. (pg. 93)
A family suffered food poisoning after eating pizza. They had to establish that
they became ill likely from eating the pizza and they had not brought about their
illness by mishandling the pizza.
They established a case of negligence on the basis of Res Ipsa Loquitur (they
were unaware of the danger) which shifted the burden of proof (evidence) to the
defendant.
J.M.I. could not prove that it had not been negligent.
All circumstances pointed to the defendant’s negligence, yet no proof was
provided by the plaintiff. The injury happened so “the thing speaks for itself”
4. Negligence Per Se
A hotel deals with many more people than other businesses and often
are required by the courts to go beyond minimum requirements.
Example: Appropriate precautions must be taken for swimming pools
It is key to meet or exceed minimum regulations for standards
of care as they evolve in the courts.
6. Strict Liability
Product packaging contained a warning to not use the product near an open
flame, but the warning did not mention pilot lights. As a pilot light caused the
explosion, the manufacturer was liable. It is very difficult for purveyors of
hazardous products to escape liability. The attitude of the courts is that
insurance should be used to spread the risk of these otherwise useful products
throughout the population.
Review
1. Regulation
2. Deterence
3. Compensation
4. Dispute Resolution
5. Education Purposes of
6. Prevention Tort Law
Review
1. Assault
2. Battery
3. Trespass
4. Conversion
5. False Imprisonment Intentional
6. Intentional Infliction of Mental Suffering Torts
7. Deceit
8. Intentional Interference with a Contract
Review
1. Self Defence
2. Consent
3. Defence of Property
4. Defence of a Third Person
5. Necessity Defences for
6. Legal Authority Intentional Torts
7. Lack of Intention
Review
1. Act of God
2. Waivers and Disclaimers
3. Contributory Negligence Unintentional Torts
4. Last Clear Chance Exception (Negligence)
5. Voluntary Assumption of Risk Defences
Review
1. Foreseeability and Proximate Cause
We apply the law by following the rule of law about what caused the issue
and who has to prove their case
References
● https://www.mondaq.com/canada/personal-
injury/551710/occupiers-liability-claim-leaves-hotel-
mopped
Thanks!
CREDITS: This presentation template was created
by Slidesgo, including icons by Flaticon, and
infographics & images by Freepik.