Does a municipality have a duty to keep its roads safe?
British Columbia, Canada
The following excerpt is from Johnson v. Eyre, 2009 BCSC 1711 (CanLII):
The duty on a municipality does not render it an insurer of those that use its roads. The duty was expressed in Fafard v. Quebec (City) (1918), 1917 CanLII 69 (SCC), 39 D.L.R. 717 at p. 718 as follows: A municipal corporation is not an insurer of travellers using its streets; its duty is to use reasonable care to keep its streets in a reasonably safe condition for ordinary travel by persons exercising ordinary care for their own safety. [Emphasis in original]
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