What is the consequence of a person tripping over a low rail?
British Columbia, Canada
The following excerpt is from Cempel v. Harrison Hot Springs Hotel Ltd., 1996 CanLII 2887 (BC SC):
32 This is not a situation such as in Niblock, supra, where a person inadvertently tripped over a low rail, or like Samis v. City of Vancouver, (20 January 1989) Vancouver No. CA006379 (B.C.C.A.), where the plaintiff inadvertently fell off a concrete abutment. In this case, there was a positive act on the part of the plaintiff to do something which she knew she should not have been doing, and which was unsafe to do.
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