What is the test for contributory negligence in a case where a plaintiff was injured while trying to escape from a burning building?

British Columbia, Canada


The following excerpt is from Steen v. British Columbia (Minister of Transportation and Highways), 1999 CanLII 6698 (BC SC):

This position is supported by the case of Zervobeakos v. Zervobeakos (1969), 1969 CanLII 883 (NS CA), 8 D.L.R. (3d) 377 (N.S.S.C.A.D.), wherein the plaintiff, while attempting to escape a burning building, sustained injuries. In finding him not contributorily negligent, even though he would have been rescued uninjured had he remained at the window of the house, the court found at p. 380: ...the respondent, due to the negligence of the appellant, was placed in a perilous position, and he could hardly be required, under the circumstances, to exercise as much judgment and self-control in attempting to avoid danger as would reasonably be expected of him under ordinary circumstances.

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