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Liability – A child’s shovel is not a dangerous object per se

May 19, 2016

Grigoryan v. Commission scolaire de la Pointe-de-l’Île, 2015 QCCQ 10860

Just like a baseball bat or a hockey puck, a child’s shovel may be used by children for amusement purposes, especially in a school environment, as long as conditions for safe use are developed, communicated, and respected. On February 10, 2010, during recess period at École Primaire Alphonse-Pesant, a grade 2 student by the name of Christina Shulikov (“Christina”) sustained injuries to the mouth and to the teeth after one of her classmates unintentionally hit her with a child’s shovel. Christina’s mother, Irina Grigoryan, is suing the Commission scolaire de la Pointe-de-l’Île for negligence.

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