What is the test for the existence of warning signs in a residential property?
British Columbia, Canada
The following excerpt is from Ranjbar v. Islamic Republic of Iran Shipping Lines, 2014 BCSC 1983 (CanLII):
The existence of warning signs is a factor to consider in determining whether an occupier has fulfilled its duty (Arkesteyn v. Burgess, [1989] B.C.J. No. 264 at para. 16 (S.C.) (Arkesteyn); Duddle). However, a warning is only adequate to discharge the duty if the occupier provides the invitee subjected to the risk or danger with sufficient detail about the danger such that the invitee understands the full extent of the danger and understands how to act to avoid the danger. In other words, the warning needs to be fulsome (Smith at 91).
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