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Through policies, promises, pronouncements, agreements, advertisements, endorsements, pledges, and related statements, municipal governments endorse, support, exhort, encourage, promote, call for, and otherwise demonstrate a municipal “interest” in the use by pedestrians of such public transportation facilities as sidewalks, paths, bridges, roads, streets, highways, intersections, and crosswalks. However, during the course of using these facilities, pedestrians may be injured or even killed. The questions arise, therefore, as to: A) Whether failures by municipal governments to meet duty of care or standard of care obligations affecting pedestrians contributed to events causing the injuries or deaths; and B) Whether it may be appropriate to initiate legal action to seek redress. This presentation includes the following materials which may be instructive for pedestrians, pedestrians’ advocacy groups, and persons acting on behalf of pedestrians, who are giving consideration to playing the legal card: 1) An illustrative list of municipal and provincial documents with a legal aspect pertaining to pedestrians;2) Parameters of burden of care thathave been and are matters of political, social, methodological, and legal contention; 3) Municipal duty of care and standard of care materials and functions that have, could have, or should have implications for pedestrians; 4) Deaths, injuries, and other costs of burden of care failures that affect pedestrians – Results from newspaper searches done more than TEN years ago; 5) Basics of a duty of care/standard of care action? Simple arithmetic test; 6) Burden of care questions that are central to examination for discovery, expert witness reports, and evidence-in-chief and cross-examination activities: 7) Dealing with municipal failure to meet duty of care and standard of care obligations affecting pedestrians – Still want to play the legal card? The presentation is concluded by a selection of online materials dealing with various aspects of the duty of care and standard of care parameters examined during the Walking Security Index project, 1995-2002, and subsequent projects.
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Dr Barry Wellar MCIP PrincipalDr. Barry Wellar, MCIP, PrincipalWellar Consulting Inc.,Professor EmeritusUniversity of Ottawa,
Distinguished Research Fellow gTransport Action Canada,
Policy and Research AdvisorFederation of Urban Neighbourhoods
Slides for Invited Presentation
Abbottsford House Breakfast Lecture Serieshttp://www.glebecentre.ca/
Ott C dOttawa, Canada
January 31, 2011
Scoping Municipal Interest Involving Pedestrians:Scoping Municipal Interest Involving Pedestrians: Scoping Municipal Interest Involving Pedestrians: Search Official Documents for Details
S h i li i i
p g p gSearch Official Documents for Details
Search targets: commitments, policies, promises, pronouncements, Search targets: commitments, policies, promises, pronouncements,
agreements, advertisements, endorsements, pledges, and related
statements that endorse, support, extol, exhort, encourage,
ll f d h d l “ ”
g p p pagreements, advertisements, endorsements, pledges, and related statements that endorse, support, extol, exhort, encourage, promote, call for, and otherwise demonstrate a municipal “interest” in the use by pedestrians of such public transportation facilities aspromote, call for, and otherwise demonstrate a municipal “interest”
in the use by pedestrians of such public transportation facilities as
sidewalks, paths, bridges, roads, streets, highways, intersections,
in the use by pedestrians of such public transportation facilities as sidewalks, paths, bridges, roads, streets, highways, intersections, and crosswalks.
and crosswalks.
Scoping Municipal Interest Involving Pedestrians:Table 1. Illustrative List of Municipal and Provincial Scoping Municipal Interest Involving Pedestrians: Search Official Documents for Details
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pDocuments with a Legal Aspect Pertaining to Pedestrians
• Acts • Media releasesSearch targets: commitments, policies, promises, pronouncements,
agreements, advertisements, endorsements, pledges, and related
statements that endorse, support, extol, exhort, encourage,
ll f d h d l “ ”
• By‐Laws• Charters• Circulars• Committee minutes
• Official Plans• Ordinances• Public announcements• Regulations
promote, call for, and otherwise demonstrate a municipal “interest”
in the use by pedestrians of such public transportation facilities as
sidewalks, paths, bridges, roads, streets, highways, intersections,
• Council minutes• Constitutions• Drawings• Laws
• Reports• Resolutions• Secondary Plans• Surveys
and crosswalks.• Manuals• Maps
• Website postings
Scoping Municipal Interest Involving Pedestrians:Outlining Municipal Burden of Care Scoping Municipal Interest Involving Pedestrians: Search Official Documents for Details
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g pParameters Involving Pedestrians
In order to achieve duty of care and standard of care obligations Search targets: commitments, policies, promises, pronouncements,
agreements, advertisements, endorsements, pledges, and related
statements that endorse, support, extol, exhort, encourage,
ll f d h d l “ ”
y gwith regard to pedestrians, there are states of affairs to be achieved and activities to be undertaken in reasonable ways by municipal governments to ensure that a reasonable effort is made to meet the reasonable needs and expectations of pedestrianspromote, call for, and otherwise demonstrate a municipal “interest”
in the use by pedestrians of such public transportation facilities as
sidewalks, paths, bridges, roads, streets, highways, intersections,
reasonable needs and expectations of pedestrians.
and crosswalks.
Scoping Municipal Interest Involving Pedestrians:Why Lawyers and Experts Are Involved in DeliberatingScoping Municipal Interest Involving Pedestrians: Search Official Documents for Details
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y y p gBurden of Care Parameters Involving Pedestrians
Because producing and presenting evidence to establish or negate Search targets: commitments, policies, promises, pronouncements,
agreements, advertisements, endorsements, pledges, and related
statements that endorse, support, extol, exhort, encourage,
ll f d h d l “ ”
p g p g gcause‐effect relations and liability (due to negligence) begins with mastering the parameters and continues into the details. Table 2 contains several indicative reasons why lawyers and court‐recognized experts are retained for duty of care/standard of carepromote, call for, and otherwise demonstrate a municipal “interest”
in the use by pedestrians of such public transportation facilities as
sidewalks, paths, bridges, roads, streets, highways, intersections,
recognized experts are retained for duty of care/standard of care actions.
and crosswalks.
Scoping Municipal Interest Involving Pedestrians:Table 2. Parameters of Burden of Care thatScoping Municipal Interest Involving Pedestrians: Search Official Documents for Details
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Have Been and Are Matters of Political, Social,Methodological, and Legal Contention
“D t f bli ti ”Search targets: commitments, policies, promises, pronouncements,
agreements, advertisements, endorsements, pledges, and related
statements that endorse, support, extol, exhort, encourage,
ll f d h d l “ ”
“Duty of care obligations”
“Standard of care obligations”
“States of affairs to be achieved”promote, call for, and otherwise demonstrate a municipal “interest”
in the use by pedestrians of such public transportation facilities as
sidewalks, paths, bridges, roads, streets, highways, intersections,
“Activities to be undertaken”
“Demonstrate that a reasonable effort has been made”
and crosswalks.“Meet the reasonable needs of pedestriansin reasonable ways”
Scoping Municipal Interest Involving Pedestrians:Previous Papers and Presentations Commenting on Scoping Municipal Interest Involving Pedestrians: Search Official Documents for Details
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p gThese and Other Burden of Care Parameters
A selection of online materials prepared by B. Wellar is provided in Search targets: commitments, policies, promises, pronouncements,
agreements, advertisements, endorsements, pledges, and related
statements that endorse, support, extol, exhort, encourage,
ll f d h d l “ ”
p p y pthe Background Materials section at the conclusion of the presentation.
promote, call for, and otherwise demonstrate a municipal “interest”
in the use by pedestrians of such public transportation facilities as
sidewalks, paths, bridges, roads, streets, highways, intersections,
and crosswalks.
Scoping Municipal Interest Involving Pedestrians:Taking Care of Business for PedestriansScoping Municipal Interest Involving Pedestrians: Search Official Documents for Details
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gNot a Simple Matter
Table 3 is indicative of the potential legal scope of municipal mattersSearch targets: commitments, policies, promises, pronouncements,
agreements, advertisements, endorsements, pledges, and related
statements that endorse, support, extol, exhort, encourage,
ll f d h d l “ ”
p g p prelated to duty of care and standard of care obligations involving pedestrians.
promote, call for, and otherwise demonstrate a municipal “interest”
in the use by pedestrians of such public transportation facilities as
sidewalks, paths, bridges, roads, streets, highways, intersections,
and crosswalks.
Scoping Municipal Interest Involving Pedestrians:Table 3. Municipal Duty of Care/Standard of Scoping Municipal Interest Involving Pedestrians: Search Official Documents for Details
S h i li i i
p y /Care Materials and Functions that Have,
Could Have, or Should Have Implications for Pedestrians: An Indicative Listing
Search targets: commitments, policies, promises, pronouncements,
agreements, advertisements, endorsements, pledges, and related
statements that endorse, support, extol, exhort, encourage,
ll f d h d l “ ”
Air pollution alertsBuilding demolitions Building permits
promote, call for, and otherwise demonstrate a municipal “interest”
in the use by pedestrians of such public transportation facilities as
sidewalks, paths, bridges, roads, streets, highways, intersections,
g pBy‐lawsCensusesCrimes against people reportsCrimes against property reportsand crosswalks. Crimes against property reportsCyclist collision reports
Scoping Municipal Interest Involving Pedestrians:Table 3. Municipal Duty of Care/Standard of Scoping Municipal Interest Involving Pedestrians: Search Official Documents for Details
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p y /Care Materials and Functions that Have,
Could Have, or Should Have Implications for Pedestrians: An Indicative Listing (Continued)
Search targets: commitments, policies, promises, pronouncements,
agreements, advertisements, endorsements, pledges, and related
statements that endorse, support, extol, exhort, encourage,
ll f d h d l “ ”
Development approvalsDevelopment charge schedulesEmergency measures
promote, call for, and otherwise demonstrate a municipal “interest”
in the use by pedestrians of such public transportation facilities as
sidewalks, paths, bridges, roads, streets, highways, intersections,
g yEmergency vehicle reportsEngineering reportsHazards reportsHealth alertsand crosswalks. Health alertsImpact assessments
Scoping Municipal Interest Involving Pedestrians:Table 3. Municipal Duty of Care/Standard of Scoping Municipal Interest Involving Pedestrians: Search Official Documents for Details
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p y /Care Materials and Functions that Have,
Could Have, or Should Have Implications for Pedestrians: An Indicative Listing (Continued)
Search targets: commitments, policies, promises, pronouncements,
agreements, advertisements, endorsements, pledges, and related
statements that endorse, support, extol, exhort, encourage,
ll f d h d l “ ”
Infrastructure reviewsIntersection modificationsMaintenance of roadway reports
promote, call for, and otherwise demonstrate a municipal “interest”
in the use by pedestrians of such public transportation facilities as
sidewalks, paths, bridges, roads, streets, highways, intersections,
y pMaintenance of sidewalk reportsMaps/mapping reportsMotor vehicle collision reportsPedestrian slip and fall eventsand crosswalks. Pedestrian slip‐and‐fall events
Scoping Municipal Interest Involving Pedestrians:Table 3. Municipal Duty of Care/Standard of Scoping Municipal Interest Involving Pedestrians: Search Official Documents for Details
S h i li i i
p y /Care Materials and Functions that Have,
Could Have, or Should Have Implications for Pedestrians: An Indicative Listing (Continued)
Search targets: commitments, policies, promises, pronouncements,
agreements, advertisements, endorsements, pledges, and related
statements that endorse, support, extol, exhort, encourage,
ll f d h d l “ ”
Pedestrian‐motor vehicle collisionsPerformance analysis reportsPerformance measure reports
promote, call for, and otherwise demonstrate a municipal “interest”
in the use by pedestrians of such public transportation facilities as
sidewalks, paths, bridges, roads, streets, highways, intersections,
pPlan amendmentsPlans – ComprehensivePlans – GeneralPlans Officialand crosswalks. Plans – OfficialPlans – Secondary
Scoping Municipal Interest Involving Pedestrians:Table 3. Municipal Duty of Care/Standard of Scoping Municipal Interest Involving Pedestrians: Search Official Documents for Details
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p y /Care Materials and Functions that Have,
Could Have, or Should Have Implications for Pedestrians: An Indicative Listing (Continued)
Search targets: commitments, policies, promises, pronouncements,
agreements, advertisements, endorsements, pledges, and related
statements that endorse, support, extol, exhort, encourage,
ll f d h d l “ ”
Plans of subdivisionPublic safety programsPublic safety reports
promote, call for, and otherwise demonstrate a municipal “interest”
in the use by pedestrians of such public transportation facilities as
sidewalks, paths, bridges, roads, streets, highways, intersections,
y pRezoning applicationsRisk analysesRoad construction alertsRoad signage practicesand crosswalks. Road signage practices
Scoping Municipal Interest Involving Pedestrians:Table 3. Municipal Duty of Care/Standard of Scoping Municipal Interest Involving Pedestrians: Search Official Documents for Details
S h i li i i
p y /Care Materials and Functions that Have,
Could Have, or Should Have Implications for Pedestrians: An Indicative Listing (Continued)
Search targets: commitments, policies, promises, pronouncements,
agreements, advertisements, endorsements, pledges, and related
statements that endorse, support, extol, exhort, encourage,
ll f d h d l “ ”
Road wideningsSurveys/surveyingTraffic counts
promote, call for, and otherwise demonstrate a municipal “interest”
in the use by pedestrians of such public transportation facilities as
sidewalks, paths, bridges, roads, streets, highways, intersections,
Traffic police assignmentsTransit routingUrban impact assessmentsZoning approvalsand crosswalks. Zoning approvals
Scoping Municipal Interest Involving Pedestrians:Meeting Duty of Care and Standard of Care Scoping Municipal Interest Involving Pedestrians: Search Official Documents for Details
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g yObligations for Pedestrians Involves Diverse and Non‐Trivial Challenges
Search targets: commitments, policies, promises, pronouncements,
agreements, advertisements, endorsements, pledges, and related
statements that endorse, support, extol, exhort, encourage,
ll f d h d l “ ”
Table 4 and Table 5 list source materials which illustrate the many kinds of situations and events that underlie duty of care and/or standard of care legal actions involving pedestrians.
promote, call for, and otherwise demonstrate a municipal “interest”
in the use by pedestrians of such public transportation facilities as
sidewalks, paths, bridges, roads, streets, highways, intersections,
g g p
and crosswalks.
Scoping Municipal Interest Involving Pedestrians:Table 4. Deaths, Injuries, and Other Costs of Scoping Municipal Interest Involving Pedestrians: Search Official Documents for Details
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, j ,Burden of Care Failures that Affect Pedestrians:
Results from Newspaper Searches Done More than TEN Years Ago
Search targets: commitments, policies, promises, pronouncements,
agreements, advertisements, endorsements, pledges, and related
statements that endorse, support, extol, exhort, encourage,
ll f d h d l “ ”
Newspapers as a Source of Fact and Opinion on Pedestrians’ Safety, Comfort, Convenience:
A K d B d Li S h d R ipromote, call for, and otherwise demonstrate a municipal “interest”
in the use by pedestrians of such public transportation facilities as
sidewalks, paths, bridges, roads, streets, highways, intersections,
A Keyword‐Based Literature Search and Review
(B. Wellar. Walking Security Index Project Report. Submitted to the Region of Ottawa‐Carleton,
and crosswalks. January 2000.)
Scoping Municipal Interest Involving Pedestrians:Scoping Municipal Interest Involving Pedestrians: Search Official Documents for Details
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Table 5. A Selection of Headlines from the Newspapers Report
Search targets: commitments, policies, promises, pronouncements,
agreements, advertisements, endorsements, pledges, and related
statements that endorse, support, extol, exhort, encourage,
ll f d h d l “ ”
“No pedestrian professor – Fiery fighter: U of O Prof. has taken on developers and governments”
“His latest beef is with dangerous drivers”promote, call for, and otherwise demonstrate a municipal “interest”
in the use by pedestrians of such public transportation facilities as
sidewalks, paths, bridges, roads, streets, highways, intersections,
His latest beef is with dangerous drivers
and crosswalks.
Scoping Municipal Interest Involving Pedestrians:bl l f dl f hScoping Municipal Interest Involving Pedestrians: Search Official Documents for Details
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Table 5. A Selection of Headlines from the Newspapers Report(Continued)
Search targets: commitments, policies, promises, pronouncements,
agreements, advertisements, endorsements, pledges, and related
statements that endorse, support, extol, exhort, encourage,
ll f d h d l “ ”
“A dangerous intersection”
“Children’s lives needlessly put at risk –Pedestrian situation dangerous”
promote, call for, and otherwise demonstrate a municipal “interest”
in the use by pedestrians of such public transportation facilities as
sidewalks, paths, bridges, roads, streets, highways, intersections,
“Crackdown at the crosswalks: Crossing a hazard to pedestrians”
“Death adds to grim toll on roads”and crosswalks. Death adds to grim toll on roads
Scoping Municipal Interest Involving Pedestrians:bl l f dl f hScoping Municipal Interest Involving Pedestrians: Search Official Documents for Details
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Table 5. A Selection of Headlines from the Newspapers Report(Continued)
Search targets: commitments, policies, promises, pronouncements,
agreements, advertisements, endorsements, pledges, and related
statements that endorse, support, extol, exhort, encourage,
ll f d h d l “ ”
“Death of elderly woman puts dangerous stretch of road in context”
“Hamtramck crosswalk leads in pedestrian deaths”
promote, call for, and otherwise demonstrate a municipal “interest”
in the use by pedestrians of such public transportation facilities as
sidewalks, paths, bridges, roads, streets, highways, intersections,
“Icy sidewalks sore point for seniors”
“Minnesota rude: Drivers ignoring crosswalk law –motorists fail to stop or slow for pedestrians”
and crosswalks.
Scoping Municipal Interest Involving Pedestrians:bl l f dl f hScoping Municipal Interest Involving Pedestrians: Search Official Documents for Details
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Table 5. A Selection of Headlines from the Newspapers Report(Continued)
Search targets: commitments, policies, promises, pronouncements,
agreements, advertisements, endorsements, pledges, and related
statements that endorse, support, extol, exhort, encourage,
ll f d h d l “ ”
“Ottawa plans to let sun melt snow – City feels expense of snow removal
not warranted with spring on the way”promote, call for, and otherwise demonstrate a municipal “interest”
in the use by pedestrians of such public transportation facilities as
sidewalks, paths, bridges, roads, streets, highways, intersections,
and crosswalks.
Scoping Municipal Interest Involving Pedestrians:bl l f dl f hScoping Municipal Interest Involving Pedestrians: Search Official Documents for Details
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Table 5. A Selection of Headlines from the Newspapers Report(Continued)
Search targets: commitments, policies, promises, pronouncements,
agreements, advertisements, endorsements, pledges, and related
statements that endorse, support, extol, exhort, encourage,
ll f d h d l “ ”
“Pedestrian fatality raises new concerns”
“Pedestrian situation dangerous”
promote, call for, and otherwise demonstrate a municipal “interest”
in the use by pedestrians of such public transportation facilities as
sidewalks, paths, bridges, roads, streets, highways, intersections,
“Pedestrians are on the verge of a breakdown, study findspedestrians get worst of the snow”
“Police report rise in elderly pedestrian deaths”and crosswalks.
Scoping Municipal Interest Involving Pedestrians:bl l f dl f hScoping Municipal Interest Involving Pedestrians: Search Official Documents for Details
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Table 5. A Selection of Headlines from the Newspapers Report(Continued)
Search targets: commitments, policies, promises, pronouncements,
agreements, advertisements, endorsements, pledges, and related
statements that endorse, support, extol, exhort, encourage,
ll f d h d l “ ”
“Road tragedy sparks suit”
“Safety threat”
promote, call for, and otherwise demonstrate a municipal “interest”
in the use by pedestrians of such public transportation facilities as
sidewalks, paths, bridges, roads, streets, highways, intersections,
“Seeing red on Sherbrooke Street”
“Stop, yield, and be nice – Region says it has donewhat it can, now safety is up to drivers”
and crosswalks.
Scoping Municipal Interest Involving Pedestrians:bl l f dl f hScoping Municipal Interest Involving Pedestrians: Search Official Documents for Details
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Table 5. A Selection of Headlines from the Newspapers Report(Continued)
Search targets: commitments, policies, promises, pronouncements,
agreements, advertisements, endorsements, pledges, and related
statements that endorse, support, extol, exhort, encourage,
ll f d h d l “ ”
“The battle for the streets of Toronto”
“Whitby resident charged after mishap”
promote, call for, and otherwise demonstrate a municipal “interest”
in the use by pedestrians of such public transportation facilities as
sidewalks, paths, bridges, roads, streets, highways, intersections,
“Woman dies after being hit by car”
“10 most dangerous intersections –congestion, poor design deadly mix”
and crosswalks.
Scoping Municipal Interest Involving Pedestrians:Table 6. Evidence and Advice for Dealing withScoping Municipal Interest Involving Pedestrians: Search Official Documents for Details
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Table 6. Evidence and Advice for Dealing with Standard of Care Failures Affecting Pedestrians?
A Selection of Headlines from the Newspapers Report
Search targets: commitments, policies, promises, pronouncements,
agreements, advertisements, endorsements, pledges, and related
statements that endorse, support, extol, exhort, encourage,
ll f d h d l “ ”
“Accident sparks call for cameras”
“A matter of health – Scofflaw motorists endanger pedestrians andpromote, call for, and otherwise demonstrate a municipal “interest”
in the use by pedestrians of such public transportation facilities as
sidewalks, paths, bridges, roads, streets, highways, intersections,
endanger pedestrians, and health minister should speak out”
and crosswalks.
Scoping Municipal Interest Involving Pedestrians:Table 6. Evidence and Advice for Dealing with
Scoping Municipal Interest Involving Pedestrians: Search Official Documents for Details
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Standard of Care Failures Affecting Pedestrians? A Selection of Headlines from the Newspapers Report
(Continued)Search targets: commitments, policies, promises, pronouncements,
agreements, advertisements, endorsements, pledges, and related
statements that endorse, support, extol, exhort, encourage,
ll f d h d l “ ”
“A pedestrian’s nightmare – Bad intersections make Ottawa‐Carleton one of the d l i C d lk”promote, call for, and otherwise demonstrate a municipal “interest”
in the use by pedestrians of such public transportation facilities as
sidewalks, paths, bridges, roads, streets, highways, intersections,
most dangerous places in Canada to walk”
and crosswalks.
Scoping Municipal Interest Involving Pedestrians:Table 6. Evidence and Advice for Dealing with
Scoping Municipal Interest Involving Pedestrians: Search Official Documents for Details
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Standard of Care Failures Affecting Pedestrians? A Selection of Headlines from the Newspapers Report
(Continued)Search targets: commitments, policies, promises, pronouncements,
agreements, advertisements, endorsements, pledges, and related
statements that endorse, support, extol, exhort, encourage,
ll f d h d l “ ”
“Collisions can‐and‐do happen as skaters, cyclists, and pedestrians vie for space”
“C kd t th lkpromote, call for, and otherwise demonstrate a municipal “interest”
in the use by pedestrians of such public transportation facilities as
sidewalks, paths, bridges, roads, streets, highways, intersections,
“Crackdown at the crosswalks:Police help make streets a little less mean”
“Crossing a hazard to walkers”
“Cutbacks threatening citizens’ lives group warns”and crosswalks.“Cutbacks threatening citizens’ lives group warns”
“Fear and loathing at the cut‐off”
Scoping Municipal Interest Involving Pedestrians:Table 6. Evidence and Advice for Dealing with
Scoping Municipal Interest Involving Pedestrians: Search Official Documents for Details
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Standard of Care Failures Affecting Pedestrians? A Selection of Headlines from the Newspapers Report
(Continued)Search targets: commitments, policies, promises, pronouncements,
agreements, advertisements, endorsements, pledges, and related
statements that endorse, support, extol, exhort, encourage,
ll f d h d l “ ”
“Give Ottawa a winter of walkable sidewalks”
“Inaction on smog steams critics”promote, call for, and otherwise demonstrate a municipal “interest”
in the use by pedestrians of such public transportation facilities as
sidewalks, paths, bridges, roads, streets, highways, intersections,
“Heavy trucks need side mirrors to prevent more deaths”
“Line won’t stop aggression”
“Ottawa‐area drivers the most dangerous I’ve seen”and crosswalks.
Ottawa area drivers the most dangerous I ve seen
“Pedestrians are put at risk”
Scoping Municipal Interest Involving Pedestrians:Table 6. Evidence and Advice for Dealing with
Scoping Municipal Interest Involving Pedestrians: Search Official Documents for Details
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Standard of Care Failures Affecting Pedestrians? A Selection of Headlines from the Newspapers Report
(Continued)Search targets: commitments, policies, promises, pronouncements,
agreements, advertisements, endorsements, pledges, and related
statements that endorse, support, extol, exhort, encourage,
ll f d h d l “ ”
“Political decision blocks photo radar”
“Portland studies ways to improvepromote, call for, and otherwise demonstrate a municipal “interest”
in the use by pedestrians of such public transportation facilities as
sidewalks, paths, bridges, roads, streets, highways, intersections,
Portland studies ways to improve police enforcement of traffic laws”
“Quebec tightens rules on tinted windshields”
and crosswalks.“Red alert – Drivers are running stop lights in rising numbers”
Scoping Municipal Interest Involving Pedestrians:Table 6. Evidence and Advice for Dealing with
Scoping Municipal Interest Involving Pedestrians: Search Official Documents for Details
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Standard of Care Failures Affecting Pedestrians? A Selection of Headlines from the Newspapers Report
(Continued)Search targets: commitments, policies, promises, pronouncements,
agreements, advertisements, endorsements, pledges, and related
statements that endorse, support, extol, exhort, encourage,
ll f d h d l “ ”
“Region studies pedestrian safety at Kirkwood and Merivale”
“Report key to pedestrian safety”promote, call for, and otherwise demonstrate a municipal “interest”
in the use by pedestrians of such public transportation facilities as
sidewalks, paths, bridges, roads, streets, highways, intersections,
Report key to pedestrian safety
“Safe intersections must be standard”
“Safety plan has serious problems”and crosswalks.
“Seattle: A safe place to be if you’re a pedestrian”
Scoping Municipal Interest Involving Pedestrians:Table 6. Evidence and Advice for Dealing with
Scoping Municipal Interest Involving Pedestrians: Search Official Documents for Details
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Standard of Care Failures Affecting Pedestrians? A Selection of Headlines from the Newspapers Report
(Continued)Search targets: commitments, policies, promises, pronouncements,
agreements, advertisements, endorsements, pledges, and related
statements that endorse, support, extol, exhort, encourage,
ll f d h d l “ ”
“The Walking Security Index –Working Towards Pedestrian‐Friendly Intersections”
promote, call for, and otherwise demonstrate a municipal “interest”
in the use by pedestrians of such public transportation facilities as
sidewalks, paths, bridges, roads, streets, highways, intersections,
“Warning: Puddles a problem for pedestrians”
“Why bother with school “No Stopping” zones ifeven parents of students ignore them?”
and crosswalks.even parents of students ignore them?
“Why streets aren’t safe: The drivers”
Scoping Municipal Interest Involving Pedestrians:Th t W Th Thi I “N ”Scoping Municipal Interest Involving Pedestrians: Search Official Documents for Details
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That Was Then, This Is “Now”:Staying the (Newspaper) Course
Search targets: commitments, policies, promises, pronouncements,
agreements, advertisements, endorsements, pledges, and related
statements that endorse, support, extol, exhort, encourage,
ll f d h d l “ ”
“Roads scholar takes stand for pedestrian safety”(Ottawa Citizen, Tuesday, June 29, 2010)
promote, call for, and otherwise demonstrate a municipal “interest”
in the use by pedestrians of such public transportation facilities as
sidewalks, paths, bridges, roads, streets, highways, intersections,
and crosswalks.
Scoping Municipal Interest Involving Pedestrians:Scoping Municipal Interest Involving Pedestrians: Search Official Documents for Details
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NOTE: Appreciating “The Literature” Is No Trivial Task
There are at least nine different types of literature which could beSearch targets: commitments, policies, promises, pronouncements,
agreements, advertisements, endorsements, pledges, and related
statements that endorse, support, extol, exhort, encourage,
ll f d h d l “ ”
There are at least nine different types of literature which could be pertinent to this field, including popular literature, and newspapers are just one of at least six forms of popular literature. As a result, the process of searching and reviewing the pertinent literature can make promote, call for, and otherwise demonstrate a municipal “interest”
in the use by pedestrians of such public transportation facilities as
sidewalks, paths, bridges, roads, streets, highways, intersections,
or break how well the Legal Card is played. (See reference 2 in the Background Materials for further discussion of “the literature”.)
and crosswalks.
Scoping Municipal Interest Involving Pedestrians:Basics of a Duty of Care/Standard of Care Action?Scoping Municipal Interest Involving Pedestrians: Search Official Documents for Details
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Basics of a Duty of Care/Standard of Care Action?Simple Arithmetic Test
An incident similar to one inSearch targets: commitments, policies, promises, pronouncements,
agreements, advertisements, endorsements, pledges, and related
statements that endorse, support, extol, exhort, encourage,
ll f d h d l “ ”
An incident similar to one in a newspaper article in Tables 5 and 6
+Incident associated with material or a function in Table 2
promote, call for, and otherwise demonstrate a municipal “interest”
in the use by pedestrians of such public transportation facilities as
sidewalks, paths, bridges, roads, streets, highways, intersections,
=Possibility that duty of care and/or standard of care obligation
was not met, and contributed to the incident.
and crosswalks.
Scoping Municipal Interest Involving Pedestrians:Burden of Care Questions that Are Central toScoping Municipal Interest Involving Pedestrians: Search Official Documents for Details
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Burden of Care Questions that Are Central to Examination for Discovery, Expert Witness Reports,
and Evidence‐in‐Chief and Cross‐Examination Activities
Search targets: commitments, policies, promises, pronouncements,
agreements, advertisements, endorsements, pledges, and related
statements that endorse, support, extol, exhort, encourage,
ll f d h d l “ ”
Q1A. What did you know,and when did you know it?
promote, call for, and otherwise demonstrate a municipal “interest”
in the use by pedestrians of such public transportation facilities as
sidewalks, paths, bridges, roads, streets, highways, intersections,
Q1B. As a result of having that knowledge at that time, what effect did it have on how
you dealt with the burden of care situation?
and crosswalks.
Scoping Municipal Interest Involving Pedestrians:Burden of Care Questions that Are Central toScoping Municipal Interest Involving Pedestrians: Search Official Documents for Details
S h i li i i
Burden of Care Questions that Are Central to Examination for Discovery, Expert Witness Reports,
and Evidence‐in‐Chief and Cross‐Examination Activities
Search targets: commitments, policies, promises, pronouncements,
agreements, advertisements, endorsements, pledges, and related
statements that endorse, support, extol, exhort, encourage,
ll f d h d l “ ”
Q2A. What could you have known and when could you have known it?
promote, call for, and otherwise demonstrate a municipal “interest”
in the use by pedestrians of such public transportation facilities as
sidewalks, paths, bridges, roads, streets, highways, intersections,
Q2B. As a result of having that knowledge at that time, what difference could it have made to how you dealt with the burden of care situation?
and crosswalks.
Scoping Municipal Interest Involving Pedestrians:Burden of Care Questions that Are Central toScoping Municipal Interest Involving Pedestrians: Search Official Documents for Details
S h i li i i
Burden of Care Questions that Are Central to Examination for Discovery, Expert Witness Reports,
and Evidence‐in‐Chief and Cross‐Examination Activities
Search targets: commitments, policies, promises, pronouncements,
agreements, advertisements, endorsements, pledges, and related
statements that endorse, support, extol, exhort, encourage,
ll f d h d l “ ”
Q3A. What should you have known and when should you have known it?
promote, call for, and otherwise demonstrate a municipal “interest”
in the use by pedestrians of such public transportation facilities as
sidewalks, paths, bridges, roads, streets, highways, intersections,
Q3B. As a result of having that knowledge at that time, what difference should it have made to how you dealt with the burden of care situation?
and crosswalks.
Scoping Municipal Interest Involving Pedestrians:Dealing with Municipal Failure toScoping Municipal Interest Involving Pedestrians: Search Official Documents for Details
S h i li i i
Meet Duty of Care and Standard of CareObligations Affecting Pedestrians:Still Want to Play the Legal Card?
Search targets: commitments, policies, promises, pronouncements,
agreements, advertisements, endorsements, pledges, and related
statements that endorse, support, extol, exhort, encourage,
ll f d h d l “ ”
For anyone considering the decision to play the Legal Card as a means to deal with problems affecting pedestrians, I suggest that
promote, call for, and otherwise demonstrate a municipal “interest”
in the use by pedestrians of such public transportation facilities as
sidewalks, paths, bridges, roads, streets, highways, intersections,
p g p , gghaving due regard for Tables 1, 2, 3, 4, 5, and 6, and Questions 1A and 1B, 2A and 2B, and 3A and 3B may be instructive.
and crosswalks.
Scoping Municipal Interest Involving Pedestrians:Background Materials
Scoping Municipal Interest Involving Pedestrians: Search Official Documents for Details
S h i li i i
Duty of care and standard of care parameters were studied extensively and intensively during both the design and pilot study phases of the Walking Security Index Project, 1995 2002 Viewers wishing to know more about that research may wish to examine theSearch targets: commitments, policies, promises, pronouncements,
agreements, advertisements, endorsements, pledges, and related
statements that endorse, support, extol, exhort, encourage,
ll f d h d l “ ”
1995‐2002. Viewers wishing to know more about that research may wish to examine the several dozen project reports which are available via the City of Ottawa, the Ottawa Public Library, the University of Ottawa library and other libraries in Canada, the United States, and abroad, as well as in proceedings, readings, and journals. For this presentation I reference several of my online publications which discuss conceptual
promote, call for, and otherwise demonstrate a municipal “interest”
in the use by pedestrians of such public transportation facilities as
sidewalks, paths, bridges, roads, streets, highways, intersections,
and/or operational aspects of the parameters, and may be of assistance to persons thinking about playing the legal card to deal with matters involving actual and potential deaths, injuries, and other negative consequences associated with pedestrians using such public transportation facilities as sidewalks, paths, bridges, roads, streets, highways, intersections, and crosswalks. The materials are listed in chronological order.
and crosswalks.intersections, and crosswalks. The materials are listed in chronological order.
Scoping Municipal Interest Involving Pedestrians:Background Materials (Continued)
Scoping Municipal Interest Involving Pedestrians: Search Official Documents for Details
S h i li i i
1. B. Wellar, 2002. Lessons Learned from the Walking Security Index (WSI) Project on How to Achieve Street‐Smart Urban Transportation Improvements.http://www.slideshare.net/wellarb/lessons‐learned‐from‐the‐walking‐security‐index‐
h h bSearch targets: commitments, policies, promises, pronouncements,
agreements, advertisements, endorsements, pledges, and related
statements that endorse, support, extol, exhort, encourage,
ll f d h d l “ ”
wsi‐project‐on‐how‐to‐achieve‐streetsmart‐urban‐transportation‐improvements
2. B. Wellar, 2005. Geography and the Media: Strengthening the Relationship.http://www.slideshare.net/wellarb/geography‐and‐the‐media‐strengthening‐the‐relationship
promote, call for, and otherwise demonstrate a municipal “interest”
in the use by pedestrians of such public transportation facilities as
sidewalks, paths, bridges, roads, streets, highways, intersections,
p
3. B. Wellar, 2007. Adapting Walking Security Index Concepts and Procedures to Serve and Promote the Mobility of Children.http://www.wellar.ca/wellarconsulting/Mobility%20of%20Children.pdf
and crosswalks.4. B. Wellar, 2007. Tips on Testifying as an Expert Witness. http://www.slideshare.net/wellarb/aag‐2007‐tips‐for‐expert‐witness
Scoping Municipal Interest Involving Pedestrians:Background Materials (Continued)
Scoping Municipal Interest Involving Pedestrians: Search Official Documents for Details
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5. B. Wellar, 2008. Methods and Techniques that Could be Used in Making Decisions about Identifying, Adopting, or Implementing Sustainable Transport Practices.http://www.wellar.ca/wellarconsulting/TC%20Project%20Research%20Report%201.pdf
Search targets: commitments, policies, promises, pronouncements,
agreements, advertisements, endorsements, pledges, and related
statements that endorse, support, extol, exhort, encourage,
ll f d h d l “ ”
6. B. Wellar, 2009. Sampler of Commentaries on Methods and Techniques that Could be Used in Making Decisions about Identifying, Adopting, or Implementing Sustainable Transport Practices.http://www.wellar.ca/wellarconsulting/TC%20Project%20Research%20Report%203.pdf
promote, call for, and otherwise demonstrate a municipal “interest”
in the use by pedestrians of such public transportation facilities as
sidewalks, paths, bridges, roads, streets, highways, intersections,
p // / g/ j p p
7. B. Wellar, 2010. Application of Walking Security Index Research to Standard of Care Situations and Analysis. Federation of Urban Neighbourhoods. http://www.urbanneighbourhoods.ca/
and crosswalks.8. B. Wellar, 2010. Careless Driving and Public Safety: Curtail the Pandemic by Raising the Careless Driving and Public Safety: Curtail the Pandemic by Raising the Bar.Bar.http://www.transport‐action.ca/dc/TACarelessDrivingandPublicSafety.pdf
Scoping Municipal Interest Involving Pedestrians:Background Materials (Continued)
Scoping Municipal Interest Involving Pedestrians: Search Official Documents for Details
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9. B. Wellar, 2010. Measures To Mitigate Intersections that Are Conflict Zones for Pedestrians. Background Guide for Barry Wellar’s Panel Presentation, Jane’s Walk, Ottawa, 2010.h // lk /d b /Search targets: commitments, policies, promises, pronouncements,
agreements, advertisements, endorsements, pledges, and related
statements that endorse, support, extol, exhort, encourage,
ll f d h d l “ ”
http://www.janeswalkottawa.ca/database/view.asp?item=DOC‐012
10. B. Wellar, 2010. Measures To Mitigate Intersections that Are Conflict Zones for Pedestrians. Remarks for Panel Presentation, Jane’s Walk, Ottawa, 2010.http://www.janeswalkottawa.ca/database/view.asp?item=DOC‐013
promote, call for, and otherwise demonstrate a municipal “interest”
in the use by pedestrians of such public transportation facilities as
sidewalks, paths, bridges, roads, streets, highways, intersections,
p // j / / p
and crosswalks.
Scoping Municipal Interest Involving Pedestrians:Barry Wellar Bio‐Note
Scoping Municipal Interest Involving Pedestrians: Search Official Documents for Details
S h i li i i
Barry Wellar, PhD, MCIP, Professor Emeritus at the University of Ottawa and Principal, Wellar Consulting Inc., is Distinguished Research Fellow at Transport Action Canada (http://www.transport2000.ca/), and Policy and Research Advisor for the d f b hb h d (h // b hb h d d /)Search targets: commitments, policies, promises, pronouncements,
agreements, advertisements, endorsements, pledges, and related
statements that endorse, support, extol, exhort, encourage,
ll f d h d l “ ”
Federation of Urban Neighbourhoods (http://urbanneighbourhoods.wordpress.com/). As Principal Investigator for the Walking Security Index project (funded by the former Region of Ottawa‐Carleton and then the (new) City of Ottawa, 1995‐2002), he designed ten indexes and three macro indexes to measure aspects of intersection design and performance that affect pedestrians’ safety, comfort, and convenience at signalized promote, call for, and otherwise demonstrate a municipal “interest”
in the use by pedestrians of such public transportation facilities as
sidewalks, paths, bridges, roads, streets, highways, intersections,
p p y, , gintersections, and he has published more than 100 papers, articles, reports, etc., on topics related to the use of public transportation facilities by pedestrians. His current consulting activities include serving as an expert witness for duty of care and standard of care assignments involving pedestrians, vehicle operators, and vehicle passengers. More bio information can be found at wellarconsulting comand crosswalks.bio‐information can be found at wellarconsulting.com.
