What is the test for determining whether a plaintiff acted reasonably in a motor vehicle accident?
British Columbia, Canada
The following excerpt is from Verge v. Chan, 2012 BCSC 876 (CanLII):
Once the plaintiff has proved the defendant’s liability for his or her injuries, the defendant must prove that the plaintiff “acted unreasonably and reasonable conduct would have reduced or eliminated the loss”: Gilbert v. Bottle, 2011 BCSC 1389 at para. 202. Whether the plaintiff acted reasonably is a factual question and it involves a consideration of all of the circumstances: at para. 202. Discussion
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