Is a stairwell that has no guardrails to prevent someone falling into the stairwell safe?
British Columbia, Canada
The following excerpt is from Esau v Tansley, 2020 BCSC 1426 (CanLII):
In Doucette v. McDaniel, 2014 BCSC 42, the plaintiff fell down a stairwell in a residential home. At paras. 26-27, the court found that a variety of factors were present that supported that the stairwell was a reasonable risk of harm and that it was not safe. One of those factors was the lack of guardrails to prevent someone falling into the stairwell.
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