Is there a duty upon drivers and pedestrians alike to keep a proper lookout and take reasonable precautions in response to apparent potential hazards?
British Columbia, Canada
The following excerpt is from Lensu v Victorio, 2019 BCSC 59 (CanLII):
Although the plaintiff moved forward, she made no effort to turn around, see whether something required her to move, acquaint herself with the circumstances, or assess her distance from any oncoming vehicle. Had the plaintiff been paying attention and "facing traffic", as mandated by s. 182, I find that she would have seen the defendant and had greater opportunity to ensure she was safely out of the way. There is "a duty upon drivers and pedestrians alike to keep a proper lookout and take reasonable precautions in response to apparent potential hazards": Hmaied v. Wilkinson, 2010 BCSC 1074 at para. 23. [Internal references omitted.]
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