What is the scope of the duty of a driver to prevent another driver from striking a pedestrian?

Alberta, Canada


The following excerpt is from Grams (Estate of) v. Maple Leaf Metal Industries Ltd., 2006 ABQB 146 (CanLII):

With respect to the scope of the duty, the principles set out in Ryan v. Victoria (City), 1999 CanLII 706 (SCC), [1999] 1 S.C.R. 201 at para. 28 are applicable: Conduct is negligent if it creates an objectively unreasonable risk of harm. To avoid liability, a person must exercise the standard of care that would be expected of an ordinary, reasonable and prudent person in the same circumstances. The measure of what is reasonable depends on the facts of each case, including the likelihood of a known or foreseeable harm, the gravity of that harm, and the burden or cost which would be incurred to prevent the injury.

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