In what circumstances have courts found that a plaintiff was not contributorily negligent when she fell and hit her head on a sidewalk where she was walking at least twice a day?
Ontario, Canada
The following excerpt is from Bourgoin v. Leamington (Municipality), 2006 CanLII 11904 (ON SC):
In Assman v. Etobicoke (City), supra, the trial judge found that the plaintiff was not contributorily negligent, in spite of falling on the street where she lived, on a part of the sidewalk that she walked over at least twice a day, going and coming from work. Even though finding that the plaintiff was not looking down, as I have also found in the case before me, the trial judge found that there was no obligation to do so. In coming to that decision, Sanderson J. relied on a number of cases.
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