Potter v Yeung

The matter before the court was a claim for damages brought by tenant, Potter, against landlord, Yeung, and managing real estate agent, who were both defendants in the case. The claim arose from an injury suffered by Potter when she ascended stairs at the rented residential premises. Potter sought damages for various causes of action, including breach of occupier’s duty, breach of general duty in negligence, statutory breach and breach of Residential Tenancy Agreement. The defendants denied liability for the injuries suffered by Potter.
The court was required to determine whether the landlord had delegated its duty of care to the real estate agent, whether common law damages for statutory breach were available, and whether Potter was contributory negligent. The court was also required to assess the damages claimed by Potter for pain and suffering and special damages.
The court held that the landlord had not delegated its duty of care to the real estate agent. The court found that the landlord had failed to take reasonable care to ensure that the stairs were safe to use, and therefore breached its duty of care to Potter. The court held that common law damages for statutory breach were not available in this case. The court found that Potter was contributory negligent to the extent of 20%. The court assessed the damages claimed by Potter for pain and suffering at $50,000 and for special damages at $15,000.
The court ordered that the defendants pay Potter $75,000 in damages, reduced by 20% to $60,000, and that Potter recover her costs of the proceedings from the defendants.