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duty of care Tag

Hauer & Co. > Posts tagged "duty of care"

Inattentive pedestrian means village not responsible for fall

In the recent decision of Herrington v. Kaslo (Village of), 2018 BCSC 1077, the  court found an inattentive pedestrian who fell was not entitled to damages. The plaintiff claimed against the Village of Kaslo for damages due to a fall on September 8, 2012 on Water Street. Water Street is an unimproved part of the downtown area, which functions essentially as an alley. There are barriers to prevent vehicles from going over the edge of the drop off which is behind the barriers. There is no path on that side of the barriers. To the left of the area where...

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Ten-year-old cyclist not a fault for runner’s fall

In the recent judgment of Perilli v. Marlow, 2018 BCSC 495, the British Columbia Supreme Court had to determine whether a 10-year-old child cyclist was liable for obstructing the path of a runner, resulting in a trip and fall injury. At about 5:00 p.m. On August 27, 2014, Mr. Perilli was out jogging in the area of Robson Street, Kamloops, British Columbia; it was sunny and warm. He typically ran about three times per week on a route that took him through the residential neighbourhood. The defendant, Ms. Marlow, was ten-years-old at the time of the accident. She had been taught...

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