I don’t want to get into the discussion about whether this chap should have built these stairs or not or whether the city should be building stairs here at all (I did that enough in the other thread - how many threads do we need?).
I do think there are a few points you (and others) make here which are worth unpicking.
The basic assumption on the part of a lot of people seems to be that the city had some sort of duty to do something to stop people injuring themselves going down this slope and were failing in that duty until shamed into it by the guy.
There is also an assumption (to be fair - pretty much instilled by the article) that the city was concerned enough about it to “seek out quotes for the construction costs.”
That does not appear to be the case. The $65k figure appears to have been plucked out of the air as wait_really said.
Whether that makes anything better…?
Well, no there isn’t.
There is also no way to prove that the city would have been successfully sued.
If we’re banning hypotheticals, lets ban them both ways, please.
What one can say is what the law as it stands requires.
In a situation like this where there is a reasonably obvious danger all the city has to do is take reasonable steps to draw that danger to people’s attention.
In this case there is a barrier which people had to clamber over in order to walk down the slope.
That is almost certainly enough.
Possibly after the first person injures themselves and tells the council about it, they might be expected to put up a sign as well.
That really is it.
Despite what lots of people like to tell us, the requirements to avoid being sued for injury in those sort of circumstances are not that onerous.
Would that stop some idiot still trying to sue? Certainly not.
You can’t run your life (or your city) in such a way as to avoid every possibility of being sued.
This kind of thing really bugs me because a:
and b:
The pervasive view that people can sue for all sorts of stupid things and win causes all sorts of problems, not least the backlash which comes up against any attempt to make some actually dangerous and tortious thing safer.
TLDR: The law is an ass but it’s not as big an ass as most people think.