How have courts found liability for failure to replace or replace a sign warning motorists of an open culvert?
British Columbia, Canada
The following excerpt is from B.M. v. British Columbia (Attorney General), 2004 BCCA 402 (CanLII):
O'Rourke v. Schacht, 1974 CanLII 28 (SCC), [1976] 1 S.C.R. 53 was a case where after a motor vehicle accident the police failed to replace a sign warning motorists of an open culvert under construction on the highway. The plaintiff drove into the culvert and was injured. Like the present case, the police failed to do something to protect members of the public. The court found liability on the basis of a private duty of care. The plaintiff was one of many potential victims who could have driven into the hazard, but that was not a bar to recovery.
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