Is inherent risk a defence in a motor vehicle accident case?
Ontario, Canada
The following excerpt is from Kempf v. Nguyen, 2013 ONSC 1977 (CanLII):
I agree with the definition of inherent risk as expressed in Potozny v. Burnaby,[6] where it was stated, “Unlike the concept of “voluntary assumption of risk”, inherent risk is not a separate defence that comes into play after negligence has been established but is a recognition by the courts that what constitutes reasonable care will depend upon the perils which a person engaged in an activity might reasonably be expected to encounter.”
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