Is a plaintiff entitled to sue for damages if she intentionally moves from the safety of the sidewalk onto the grass next to the sidewalk?
Ontario, Canada
The following excerpt is from Johnson v. Milton (City), 2006 CanLII 27234 (ON SC):
Shearn v. City of Burlington, [1994] O.J. No. 3934 is a similar case. In Shearn, the infant plaintiff, while riding her bicycle, intentionally moved from the safety of the sidewalk onto the grass next to the sidewalk. She then continued straight, without applying her brakes, into a cement abutment and fell approximately 12 feet into a creek bed.
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