How have courts in the past few years dealt with an accident where a sign was dislodged or damaged?
Ontario, Canada
The following excerpt is from Roe v. Leone, 2012 ONSC 6237 (CanLII):
Two cases help explain my point. In O'Rourke v. Schacht, [See Note 69 below] a motorist drove into an open culvert which was under construction on a highway. There had been a sign warning motorists of the hazard. Unfortunately, the sign was dislodged as a result of an earlier accident. The police investigated but failed to ensure the sign was replaced. Although part of an indeterminate group, a private law duty of care was imposed in favour of the unlucky motorist.
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