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Would you blame the child?

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12.11.2019

A child whose own carelessness contributes to their injury can be held accountable.

This is the third in a series of columns reviewing legal duties when a child, darting out from behind a parked car on a residential street, is struck by a car. The series is based on the legal decision of Bourne (Guardian ad litem of) v. Anderson, 1997 CarswellBC 667.

My first column, just before Halloween, reviewed the duties of a motorist who becomes aware of children present on a residential street.

Their duty is to take special precautions such as immediately slowing down and keeping a sharp lookout so that if a yet unseen child darts out, a collision can be avoided.

I then reviewed the duties of parents. They are not held to the standard of producing perfectly obedient little soldiers, nor to keep their children on a leash.

But........

© Castanet