Sample Litigation Legal Memo | Standard of care

Sample Litigation Legal Memo | Standard of care

What is the standard of care of governmental agencies with respect to maintenance of public parks?


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Liability of occupiers’ for negligence is regulated under the Occupiers Liability Act, section 3. To succeed in a claim under this provision, plaintiff must prove on the balance of probabilities that the defendant was an occupier of the premises where and when the accident occurred, that the defendant breached a duty of care owed to the plaintiff, that the defendant’s breach caused the plaintiff’s injury, and that the plaintiff suffered damage. While the Act, requires the defendant to take that care which is reasonable in all of the circumstances to see that a person using the premises will be reasonably safe, the Act, does not impose a standard of perfection on occupiers.

The standard of care is to be determined by: (i) the likelihood of a known or foreseeable harm, (ii) the gravity of that harm, and (iii) the burden or cost, which would be incurred to prevent the injury.
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