In Bucknol v. 2280882 Ontario Inc., 2018 ONSC 5455, the plaintiff was struck by a beer bottle that was thrown in a bar in Toronto, Ontario.
Moments before he was struck, the plaintiff noticed an altercation between two men close to him. He believed that the bottle hit him one to two seconds later.
The plaintiff sustained a significant eye injury. He sued the bar. On a summary judgment motion, Justice Coroza dismissed the claim.
Justice Coroza noted that there was no legal duty on the bar to remove every possible danger from its premises, or to constantly look for potential dangers or conduct constant surveillance.
The bar complied with its duty to ensure that its premises were reasonably safe. There were several security guards and police officers on site. The bartenders were Smart Serve certified. In addition, busboys were hired to clear glass bottles from the premises throughout the night.
Further, Justice Coroza determined that the incident was not reasonably foreseeable. It happened very quickly. There were no prior instances of beer bottles being thrown in the bar and no history of frequent altercations.
Justice Coroza rejected the plaintiff's argument that the bar could have taken further measures to prevent the incident.
This case demonstrates that occupiers, such as a bar, have to take reasonable measures to ensure that people who visit their premises are reasonably safe.
It is usually impossible to predict and prevent every potential danger that may exist, and occupiers are not expected to do so.
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