A B.C. man who tried to claim damages against a transit operator after a fellow passenger’s portable speaker fell on him at a Metro Vancouver SkyTrain station had his request denied Monday (May 10).
Muhammed Shabbir was stepping down a staircase at the Columbia SkyTrain Station in New Westminster on Nov. 9, 2019 when a portable speaker fell down the stairs and hit his shin. It had broken out a black plastic bag a passenger at the top of the staircase was carrying.
Representing himself in court, Shabbir blamed the transit operator British Columbia Rapid Transit Company Ltd. for not having safety measures in place to ensure commuters carry large objects in secured containers. He asked for $5,000 in damages for lost income, medical expenses and pain and suffering.
Shabbir claimed the incident resulted in injuries to his shin, toe, neck, shoulders and arms, although Civil Resolution Tribunal Vice Chair Shelley Lopez said the video footage she reviewed showed the speaker only made contact with Shabbir’s shin.
The only evidence he provided was a Feb. 18, 2020 hospital record, which didn’t describe the incident or any injuries, Lopez said. She said some of the transit operator’s evidence contained treatment records for Shabbir, but most didn’t appear to be related to the speaker incident.
The transit operator argued thousands of passengers travel through the SkyTrain system every day, and it would be unreasonable for them to police what every person carries.
Lopez agreed, the plastic bag breaking and speaker falling were not something the transit operator could have anticipated or prevented.
She dismissed Shabbir’s claim.
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jane.skrypnek@bpdigital.ca
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