- Apr 23, 2007
- Reaction score
Just as speculation or a hypothetical, as I did not personally witness the demolition, but if it was loud with pieces visibly flying off into the sidewalk area such that a reasonable pedestrian might think "I should really take a different route" but instead an individual ignored the visible danger and walked along that sidewalk and was hit by a falling piece of concrete, they would be partly at fault for their injury. Probably not a large part - the apportionment might be 90% some combination of the developer/contractor/individual tradesperson's fault and 10% the pedestrian, but the pedestrian would share a degree of the blame and lose out on compensation to the degree that it was their fault.
That right lane on Yonge wasn't closed when I passed the site. I assume the photo on the previous page was taken later in the day once the city got wind and possibly had traffic close the lane. I see your point but, a drunk driver will be always at fault whether or not a pedestrian jaywalks out in front of car without looking to see the street is clear.