What is the test for liability in a stairway case?
New Brunswick, Canada
The following excerpt is from Moreau v Roman Catholic Bishop of Edmundston, 2010 NBQB 239 (CanLII):
As explained in Ryan v. Victoria (City), a reasonable balance must be struck between what is practical in the circumstances and what is proportional to reasonably perceived risks to users. Even though it seems that this is the first time the defendant has been sued on account of the stairway, it should have known that it was only a matter of time before someone lost their balance and took a bad fall. This was an apparent risk of harm.
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