We often hear that Canadian courts are much more restrictive on liability issues than Michigan courts. But perhaps they are now coming around to our way of thinking. A city judge in St. Laurent, Quebec has awarded $74,000 (Canadian) to a 13 year old boy whose "cornea was pierced" by the thorn of a hawthorn tree in a municipal park when he was trying to retrieve a soccer ball.
First, it put a tree whose thorns are well hidden by its foliage so close to busy areas where children played and families gathered for picnics and barbecues.
"The thorns are thin, hard, long and cutting," Richer wrote. "And the number of them on a branch just a foot long is surprising."
Second, the city even encouraged children to play in the area because park monitors often held activities there during summer day camps.
Third, it did not put up warnings for children or its own monitors of the dangers of a hawthorn's thorns.
Finally, it did not prune the branches off the tree trunk up to two metres high, thus putting the thorns out of possible reach of children. The judge noted that St. Laurent didn't even consider public safety when it came to caring for its trees.
"I hope they learn something from this," said Massy, who now works for his father in sales. "Cities should make sure people are safe in parks and public spaces."
Imagine the carelessness of a city which "encouraged children to play" in a park. The heartless bastards.
