What is divisibility and apportionment of liability in a personal injury action?
British Columbia, Canada
The following excerpt is from Lakatos v Lakatos, 2017 BCSC 1990 (CanLII):
As I read that paragraph, divisibility relates to the injuries a plaintiff may suffer and apportionment relates to the assignment of liability for those injuries. For example, in the subject case there are two defendants and apportionment is a significant issue. It is an issue even where the injuries are indivisible. Justice Harvey also discusses this in Bilanik v. Ferman, 2014 BCSC 732, as below.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
If historical driving records are relevant in personal injury actions, would they be relevant in a personal injury action? (British Columbia, Canada)
In a personal injury action for damages for personal injury, is there any case law where there is little or no objective evidence of continuing injury? (British Columbia, Canada)
In a personal injury action, can a plaintiff recover large amounts of personal injury damages from a vocational consultant? (British Columbia, Canada)
Does a formal offer to settle a claim against a plaintiff be apportioned costs based upon division of liability based upon a division of costs based on division of liabilities? (British Columbia, Canada)
In a personal injury action for damages for personal injury, what is the current state of the law on pain? (British Columbia, Canada)
Is a party to a personal injury action entitled to production of a party’s personal injury report? (British Columbia, Canada)
Can a plaintiff in a personal injury action commence an action against a defendant in the same action against the same defendant? (British Columbia, Canada)
What is the test for determining the extent of liability of negligence in a personal injury action? (British Columbia, Canada)
How have defence counsel in a personal injury action been advised to take walks as part of their rehabilitation from soft tissue injuries? (British Columbia, Canada)
What is the impact of personal experiences on the assessment of non-pecuniary damages in a personal injury action? (British Columbia, Canada)
