Quote:
Originally Posted by xmastree
Do you think they would fall in "by accident" on purpose. You have to prevent the accident or be liable, that's why a physical barrier is required.
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The law does not state that you have to prevent a person from falling in.
The law states you have to prevent a person from accidentally falling in.
It is the exact same as the second point of that law regarding excavations. If you walk into a ribboned off excavation it wasn't an accident and the contractor who made the excavation will not be held liable.
ACA just needs to do their due diligence in making the aerator locations known and providing proper signs warning of thin ice in proximity to the aerator. If it is done right there is no way to fight it, just like you can't fight a speeding ticket by claiming you didn't read the sign...