22 Dec Young Skateboarder Responsible for Accident

In the case of Chen v. Beltran, 2010 BCSC 302, the Plaintiff claimed damages for injuries sustained in an accident. The accident occurred when the Plaintiff proceeded into an intersection on a skateboard and against a red light. The sole issue to be determined by the court was whether the Defendants were partially at fault for the accident.  The Plaintiff admitted he was at fault for at least a portion of his injuries but said the Defendants were also negligent.

The Plaintiff was eleven years old at the time of the accident.  He and his friend were hurrying to an after school learning centre where they did their homework.  They attended every Monday and Wednesday after school and knew the route well.

The street the boys took was a steep downhill decline to the site of the accident. The busy intersection was controlled by traffic lights and marked crosswalks.

The Plaintiff was a novice user of the skateboard.  He could not stand on the board so he traveled seated, with his knees tucked up, his feet in front on the board, and his hands on the board behind him.  He wore no helmet but wore his backpack over his shoulders.  This was not the first time he had traveled to the centre in this fashion.  His friend testified he and the Plaintiff had traveled in this fashion approximately five times in the two and a half weeks prior to the accident.

The Plaintiff bore the onus of establishing the Defendants were partially at fault for the accident.  The Plaintiff was unable to meet that onus.

The overwhelming preponderance of evidence led the judge to conclude that the Plaintiff emerged suddenly and unexpectedly from the sidewalk, virtually in front of the Defendant’s vehicle giving no chance to avoid hitting him.  The judge further concluded there were no circumstances at or about the intersection which should have put the Defendant on guard or caused him to drive with extra caution.

The judge concluded the Defendants were not at fault for the unfortunate accident.  The Plaintiff’s action against the Defendants was dismissed.