In an earlier blog post, we looked at compensation for pedestrians hit by motor vehicles. This post looks at pedestrians injured in slip and falls. Specifically, we want to highlight that pedestrians have certain obligations to look out for their own safety, especially in harsh winter conditions.  If they do not, they may be found partly at fault (“contributory negligence”) or entirely at fault, in which case their action is dismissed.

Pedestrian Duties

The obligations of a pedestrian while walking in winter include:

•  to wear appropriate footwear for the weather and environmental conditions;
• to walk at a normal pace given the conditions, and not rush or run; and
• to be aware of the conditions, especially if the walkway is covered in ice and snow.

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As winter settles in drivers contend with poor visibility and challenging driving conditions and pedestrian safety becomes a primary concern, especially for children and the elderly.

The heightened danger to child pedestrians results because they[i]:

• are generally harder for drivers to see
• may not understand how to cross the road safely
• may have difficulty reacting to traffic (determining the direction of sound or judging distance or speed of oncoming vehicles)
• cannot see out of the corners of their eyes as well as adults
• may not realize that drivers are paying attention to other things, and not just them
• may not understand that vehicles take longer to stop on wet or snowy roads

For older adults there may also be issues with hearing and sight as well as mobility challenges when crossing a roadway. Continue reading