Liability for Faulty Road Design
Nineteen year-old Shannon Deering was on her way to the movies with her sixteen year-old sister and a group of friends on the evening of August 10, 2004. She was driving on a very hilly road that had been resurfaced three weeks earlier. The road should have had a centreline but the municipalities responsible for the road had not got around to putting one down. As Shannon drove up a steep hill, the road bent slightly to the right. Because there was no centreline Shannon could not perceive the bend in to the road. An oncoming vehicle crested the hill and Shannon thought it was coming right at her. She steered sharply right to avoid a collision and lost control. Shannon and her sister both suffered spinal cord injuries.
Our firm took the case to trial. The trial Judge found the municipalities liable for not putting down the centreline and for not reducing the speed limit from 80 km per hour on such a hilly road.
A municipality is exposed to liability when it permits a road to be in a condition that is unsafe for drivers exercising ordinary care. Where a crash is caused by such an unsafe condition, the municipality is liable unless it can prove that it took reasonable steps to prevent the unsafe condition from existing.
About the Authors
Troy Lehman joined Oatley Vigmond in 2006 and became a partner in 2010. As a personal injury lawyer, his greatest satisfaction comes from helping people through to the other side of a difficult time in their lives. “We’re here to help and relieve stress,” Troy says. “When I walk into a first meeting with a client, people are often scared and anxious. And for me, the best thing that can happen at the end of the meeting is that they say, ‘I feel so much better.’