View Single Post
Old 02-09-2016, 01:52 PM   #321
VladtheImpaler
Franchise Player
 
VladtheImpaler's Avatar
 
Join Date: Jun 2008
Location: Calgary
Exp:
Default

Based on the information I have learned in THIS THREAD ONLY (I have not, nor will I, do any other research, unless there is a reason to), if I was representing the dead kids' next of kin, I think 75-80 (maybe more)% of the blame for their death would rest with COP. The gate IS a death trap, people slid down before, so they should have been aware of the possibility, it doesn't sound like there was any signage warning of the barricade. Per the Occupiers Liability Act, it is irrelevant if they were trespassers or invitees. Slava I think brought up the example of the barbed wire/snowmobile case, and I think that is exactly on point. They have created a trap on their property, and have not made adequate provision to safeguard visitors. The standard of care is "what would a reasonable person do" - I would think, given the danger, padding on the barricade, signage warning of the barricade on top would be two things that were lacking.
I am sorry to get into legal analysis here, and again this is just my opinion, based on no information, other than what I have seen here.
__________________
Cordially as always,
Vlad the Impaler

Please check out http://forum.calgarypuck.com/showthr...94#post3726494

VladtheImpaler is offline   Reply With Quote
The Following 8 Users Say Thank You to VladtheImpaler For This Useful Post: