In what circumstances will a plaintiff be liable for a slip and fall on a patch of ice?
Ontario, Canada
The following excerpt is from Lytle v. Toronto (City), 2004 CanLII 12155 (ON SC):
In Ellington v. Castles, [1990] O.J. No. 622 (H.C.J.), involving a slip and fall on a patch of ice on the sidewalk, Sutherland J. found at para. 52 that “… The conditions were such as to put a reasonable person very much on her guard. In the circumstances, she was not keeping a proper lookout or walking with sufficient care and attention.” He imposed 25% contributory negligence on the plaintiff even where there was an expectation of hazard.
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