BURST
A driver who tripped on a crack in the driveway of the home where he was delivering food has sued the homeowners, alleging they were negligent in maintaining the property.
Williams Woods is suing Shawn Whiting and Shawna Neufeld, owners of a Vernon property where Woods said he fell and injured a shoulder and knee to the point that he can’t work. He has difficulty walking and sleeping, and experiences anxiety and depression, according to a lawsuit filed in B.C. Supreme Court in Vancouver.
Included as defendants are ABC Co. and John Doe to account for any other as-yet-unknown parties, such as anyone else responsible for the maintenance of the property.
“On or about May 14, 2023, the plaintiff was outside on the driveway of the premises to deliver food when he tripped and fell due to hazardous cracks in the driveway, causing injury,” said the lawsuit.
The owners owed him a “duty of care to take reasonable care for the reasonable safety of those that used the premises,” as provided by B.C.’s Occupiers Liability Act, it said.
“The condition of the driveway was caused by the negligence of the defendants,” it alleged.
The injuries are causing a loss of earnings and mean he cannot do household chores, the lawsuit says.
He also is seeking damages that aren’t related to monetary loss, such as pain and suffering, loss of enjoyment of life, and damages to cover cost of prescriptions, medical practitioners, such as physiotherapists, and housekeeping costs.
Under B.C. law, an individual hurt on a person’s property can sue if the owners don’t maintain a safe pathway, which includes in the winter removing snow within a certain time limit after a storm.
None of the allegations have been proven in court.
A message left with homeowners wasn’t returned and Woods didn’t return a message left with his lawyer.