How much contributory negligence has been apportioned to a plaintiff who tripped on a crack?
Ontario, Canada
The following excerpt is from Bourgoin v. Leamington (Municipality), 2006 CanLII 11904 (ON SC):
In Michalak v. Oakville (City), [2000] O.J. No. 4466, a plaintiff, walking in an unfamiliar area, tripped on a crack that created a height difference of less than an inch. The day was bright and clear and the crack was readily visible even from across the road. The plaintiff’s contributory negligence was apportioned at 25%.
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