A teenage plaintiff became paraplegic after falling from a tree in a municipal park.
The plaintiffs alleged the municipality breached its duties under the Occupier’s Liability Act by failing to monitor the park, trim or remove the tree, or prohibit tree climbing.
The court held that the municipality’s inspection and maintenance practices were reasonable and that the risk of injury from climbing the tree was not reasonably foreseeable given the absence of prior complaints or incidents.
The court rejected arguments that the municipality should have altered or removed the tree or enacted prohibitions on climbing.
The action was dismissed, although the court stated that if liability had been established the plaintiff’s contributory negligence would have been assessed at 67 percent.
