Can a breach of the standard of care be inferred from the evidence?
British Columbia, Canada
The following excerpt is from Tabor v. Bridge, 2013 BCSC 1427 (CanLII):
With respect to the issue in this case as to whether a breach of the standard of care could be inferred from the evidence - in other words, can the court conclude that the dolly broke apart because of improper assembly of the dolly, the defendant driver’s speed or a combination of such factors - the law applicable to the court’s analysis is set out at paras. 18-20 of Michel v. Doe, 2009 BCCA 225:
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