What is the duty of care owed by a defendant motorist to a pedestrian?
British Columbia, Canada
The following excerpt is from Kaiser v. Williams, 2015 BCSC 646 (CanLII):
As was pointed out in both Niitamo and Anderson v. Kozniuk, the content of the duty of care owed by a defendant motorist will vary according to the extent to which there are circumstances that would put a reasonable driver on notice of potential hazards. There were several circumstances that would have been apparent to a reasonable driver in the defendant’s position, which would have put such a driver on notice of the prospect of potential hazards, and specifically pedestrians.
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