LAW 122 Study Guide - Final Guide: Lightning, Handrail, Escalator
2 Apr 2017
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Mrs. kauffman was exiting a ttc station. She was going up an escalator, and the escalator had metal handrails, not rubber ones. Some young fellows ahead of her started to fight, and they tumbled down the escalator. The youths fell on top of a businessman, who in turn fell on mrs. kauffman. Poor mrs. kauffman was injured in the melee. She argued that the ttc was negligent because (a) its escalator did not have a rubber hand rail. (b) there wasn"t a security guard supervising people entering and exiting the station. To prove factual causation, mrs. kauffman had to establish that: (a) if there was a rubber handrail, she would not have fallen (and so the failure to have one was a cause of her injuries), and. (b) if there had been a security guard present, she would not have been injured (so not having a security present was a cause of her injuries).
