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Is the hurt child to blame?

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05.11.2019

Is there parental accountability if a child darts out on the street and is injured?

The context is the court decision of Bourne (Guardian ad litem of) v. Anderson, 1997 CarswellBC 667. I referred to that decision last week when cautioning drivers to slow down and keep a sharp lookout anywhere children might be trick-or-treating.

The motorist in that case was driving on a residential street. Two boys were hiding from and sneaking up on a sister. One of the boys had just darted across the street in front of the motorist, leaving the other one crouched, out of view of the motorist.

The court made a common sense finding:

Once a driver becomes aware of the presence of children on a residential street, the driver must take special precautions for the safety of other children who might come onto the street as well.

Special........

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