Part 54 published on 01/05/16
Strata corporation and its manager liable for biking accident on common property
A cyclist was injured when his bike traversed a “rollover curb” located on the common property. The rollover curb served as the transition from a roadway to a pathway used by pedestrians and cyclists. The pathway is part of the outdoor common property of the strata corporation, and is subject to a registered statutory right-of-way in favour of the City of Vancouver. The right-of-way agreement permits use of the pathway by members of the public, including cyclists. The agreement also requires the strata corporation to keep the area “in good repair and free of defects and in a safe, neat, clean and tidy condition as would a prudent owner…”.
At the time of the accident, the rollover curb was unpainted concrete. The Plaintiff (the injured cyclist) claimed that he didn’t see the curb, when traveling on his bicycle from the roadway to the pathway. A few weeks after the accident, the curb was painted yellow by the strata corporation.
The Court held that the condominium corporation, and its manager, were liable for the accident. The Court said:
I find that the defendants did not take reasonable care to protect people using the pathway from unreasonable risks. Given the location of the rollover curb, to leave it unmarked was unsafe and a breach of the defendants’ duty of care. This failure to meet their duty directly resulted in Mr. Furlan’s injury.