In a motor vehicle accident where there may be multiple causes of damage or injury, can a defendant escape full liability?

Alberta, Canada


The following excerpt is from Daishowa-Marubeni International Ltd. v. Toshiba International Corporation, 2010 ABQB 627 (CanLII):

Athey v. Leonati gave guidance in cases where there may be multiple causes of damage or injury. Once causation is found, there is no basis for a reduction of liability just because of the existence of other preconditions, the defendants remain liable for all injuries caused or contributed to by their negligence. Apportionment between multiple tortuous causes is allowed by provincial negligence statues, each defendant remains fully liable to the plaintiff for the injury, since each was a cause, but they can seek contribution and indemnity one from the other. However, where there is a suggested apportionment between tortuous and non‑tortuous causes, that is contrary to the principles of tort law, as the defendant would escape full liability even though he or she caused or contributed to the entire injury.

Other Questions


In a motor vehicle accident case where the victim is not dead but still exists, is there any case law that supports the presumption that the accident victim’s death is not an accident? (Alberta, Canada)
What is the test for assessing damages for personal injuries in a motor vehicle accident? (Alberta, Canada)
In a motor vehicle accident case, in what circumstances will a plaintiff not be liable for failing to warn the driver of the vehicle that there is no evidence that such warnings would have prevented the accident? (Alberta, Canada)
What is the test for damages for injuries sustained in a motor vehicle accident? (Alberta, Canada)
How is liability apportioned between two defendants in a motor vehicle accident for chronic pain syndrome? (Alberta, Canada)
Does the burden of proof against the Registrar of Motor Vehicles apply to motor vehicle accident claims? (Alberta, Canada)
What is the limitation of liability of a defendant in a motor vehicle accident case? (Alberta, Canada)
What is the test for directing a defendant to pay damages in a motor vehicle accident? (Alberta, Canada)
How have courts apportioned the 80-20 split between liability and apportionment of liability in a motor vehicle accident? (Alberta, Canada)
What is the liability of the named Defendant in a motor vehicle accident? (Alberta, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.