What is the liability of the named Defendant in a motor vehicle accident?
Alberta, Canada
The following excerpt is from Holizki Estate v. Alberta (Public Trustee), 2008 ABQB 716 (CanLII):
It is conceded that each named Defendant owes a duty of care to all claimants. The relationship between the driver of a vehicle and his or her passengers is such that it is in the reasonable contemplation of the driver that carelessness on his or her part might cause them loss. As such, at common law, the driver of an automobile owes a duty of care to passengers to use reasonable care for their safety, and if as a result of negligent driving the passengers are injured, the driver is liable for their consequential damages. See Robinson v. Williams Estate et al (2005) 2005 ABQB 659 at 130.
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