Is a plaintiff liable for all foreseeable consequences of his negligence?
British Columbia, Canada
The following excerpt is from Fox v. Edwards et al., 2001 BCSC 321 (CanLII):
Lord Pearce expressed a similar conclusion in these words: The defenders are…liable for all the foreseeable consequences of their neglect. When an accident is of a different type and kind from anything that a defender could have foreseen he is not liable for it (see The Wagon Mound…). But to demand too great precision in the test of foreseeablity would be unfair to the pursuer since the facets of misadventure are innumerable….The accident was but a variant of the foreseeable. It was, to quote the words of Denning, L.J. in Roe v. Ministry of Health “within the risk created by the negligence.”
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