In what circumstances will a plaintiff be found contributorily negligent if she falls on an icy or slippery path to her suite?
British Columbia, Canada
The following excerpt is from O’Leary v. Rupert, 2010 BCSC 240 (CanLII):
In each of Stankovic v. Wong, [1996] B.C.J. No. 2430 (S.C.), and Cullinane v. City of Prince George, 2000 BCSC 1089, 13 M.P.L.R. (3d) 189, a plaintiff who fell, knowing of icy or slippery conditions and pressing on with knowledge of that risk, was found contributorily negligent. In each of those cases, however, the court was satisfied that there was a reasonable and safer alternate access route available to the plaintiff. Here, Mrs. O’Leary took the only path that led to her suite. There was no evidence led of any alternate pathway or route available to her which would lead to her suite.
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