Dealing with Municipal Failure to

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Through policies, promises, pronouncements, agreements, advertisements, endorsements, pledges, and related statements, municipal governments endorse, support, exhort, encourage, promote, call for, and otherwise demonstrate a municipal “interest” in the use by pedestrians of such public transportation facilities as sidewalks, paths, bridges, roads, streets, highways, intersections, and crosswalks. However, during the course of using these facilities, pedestrians may be injured or even killed. The questions arise, therefore, as to: A) Whether failures by municipal governments to meet duty of care or standard of care obligations affecting pedestrians contributed to events causing the injuries or deaths; and B) Whether it may be appropriate to initiate legal action to seek redress. This presentation includes the following materials which may be instructive for pedestrians, pedestrians’ advocacy groups, and persons acting on behalf of pedestrians, who are giving consideration to playing the legal card: 1) An illustrative list of municipal and provincial documents with a legal aspect pertaining to pedestrians;2) Parameters of burden of care that
have been and are matters of political, social, methodological, and legal contention; 3) Municipal duty of care and standard of care materials and functions that have, could have, or should have implications for pedestrians; 4) Deaths, injuries, and other costs of burden of care failures that affect pedestrians – Results from newspaper searches done more than TEN years ago; 5) Basics of a duty of care/standard of care action? Simple arithmetic test; 6) Burden of care questions that are central to examination for discovery, expert witness reports, and evidence-in-chief and cross-examination activities: 7) Dealing with municipal failure to meet duty of care and standard of care obligations affecting pedestrians – Still want to play the legal card? The presentation is concluded by a selection of online materials dealing with various aspects of the duty of care and standard of care parameters examined during the Walking Security Index project, 1995-2002, and subsequent projects.


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