Business Law Case Example

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Logan V. Canada Safeway Limited et al., 2006 BCSC 1733 (CanLII)

Area of Law

Negligence: failure to use reasonable care, resulting in damage or injury to another.

Negligence involves harm caused by carelessness, not intentional harm. In other words, negligence means being a bystander who foresaw consequences, and did not take any action to prevent the injury as a normal person would. In this case, the Common Law applies.

The Story / Facts

On May 11, 2003, the plaintiff (Jody Ann Logan) was transferring from a Safeway shopping cart to her minivan. Some plastic bags of groceries that she had just purchased at the Tsawassen Safeway store broke and the groceries fell out, causing injury to her. She alleged that the bag of groceries that contained 2 bottles of pop, 1 carton of milk, and 1 tub of margarine, fell on her right foot and in reaction, she moved and twisted her left ankle. She grabbed at the side of the cart to keep herself from falling and hit her left palm and wrist against it.

The Plaintiff claims that Safeway was liable in negligence for not training employees on how to pack plastic bags, in not providing assistance to help the plaintiff transfer bags to her vehicle, and putting too many grocery items in the plastic bag when there was potential danger to occur.

To make things complicated, approximately one year after, the plaintiff also suffered injuries in a subsequent motor vehicle accident in April 5,2004 that contributed to her non-pecuniary damages and loss of capacity to earn income. The plaintiff also sued the plastic bag manufacturer, Advance Polybag Inc., but settled that claim before trial for $15,000.


To determine whether Canada Safeway could be held strictly liable for the injuries of plaintiff regardless of proof negligence.


Canada Safeway Limited was found not liable for the injuries sustained by…...

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