In what circumstances will a plaintiff have to sue for contributory negligence?
Nova Scotia, Canada
The following excerpt is from Vyas v. Colchester-East Hants District School Board, 1989 CanLII 5265 (NS CA):
In Fiddes v. Rayner Construction Ltd., supra, Ilsley C.J.N.S. said at p. 375: In my opinion, the learned Judge was in error in finding that the danger was not an unusual danger. The personal experience of the plaintiff might very well be relevant to the question as to whether he voluntarily assumed the risk by standing where he did or was guilty of contributory negligence. But, in my opinion, it does not indicate that the danger was not an unusual danger.
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