Is a defendant liable for multiple injuries caused by a motor vehicle accident?
British Columbia, Canada
The following excerpt is from Dunne v. Sharma, 2014 BCSC 1106 (CanLII):
Even though there may be multiple causes of the injury, as long as the defendant’s act is a cause of the damage, then the defendant is fully liable for that damage. If the plaintiff has multiple injuries which are divisible and the court can determine which tort caused which injury, the respective tortfeasors are only responsible for the injury they caused: Athey v. Leonati, 1996 CanLII 183 (SCC), [1996] 3 S.C.R. 458 at paras. 24-25. On the other hand, if the plaintiff’s injuries are indivisible, any and all defendants who caused or contributed to the injuries will be fully liable for them: Athey at para. 25.
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