A man has failed in his bid to receive $5,000 in compensation after he got hit in the head while walking through a New Westminster SkyTrain station.
Muhammed Shabbir filed a complaint with the B.C. Civil Resolution Tribunal after being injured on Nov. 9, 2019 while walking through Columbia SkyTrain station.
According to the complaint, Shabbir said “one big square black object” fell on him from behind, while he was stepping down a staircase. The object turned out to be a large music speaker that was inside a plastic bag. Shabbir said this resulted in injuries to his right shin, toe, neck, shoulders, and arms. He claimed $5,000 in damages, including for lost income, medical expenses, and pain and suffering.
“Essentially, the applicant’s submission is that the respondent should have safety measures in place to force commuters to bring large objects in a secured box,” read the tribunal decision.
British Columbia Rapid Transit Company Ltd. denied any responsibility for what had happened to Shabbir.
“The respondent says thousands of passengers travel through its SkyTrain system daily, carrying all manner of objects,” reads the decision. “The respondent says it cannot reasonably police what every passenger carries … Having reviewed the video of the incident myself, I agree with the respondent. In the circumstances, I find the third party’s plastic bag breaking was not something the respondent should have anticipated or prevented. I find the applicant has not proved the respondent breached the standard of care and so I find the applicant has not proved negligence. It follows that I dismiss the applicant’s claim, and so I do not need to discuss his claimed damages in any detail.”
