Does a plaintiff have to be considered a "part" of the motor vehicle by opening the door of the vehicle to open the passenger?
Alberta, Canada
The following excerpt is from Shum Estate v. Dewetter, 2011 ABQB 670 (CanLII):
In Fraser v. Cooperators Insurance Association et al [1984] O.J. No. 3166 (upheld on appeal at [1986] 1.L.R.1-2106), coverage was provided because the passenger did “operate a part” of the motor vehicle by opening the door.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In a motor vehicle accident case, in what circumstances will a plaintiff not be liable for failing to warn the driver of the vehicle that there is no evidence that such warnings would have prevented the accident? (Alberta, Canada)
Does the burden of proof against the Registrar of Motor Vehicles apply to motor vehicle accident claims? (Alberta, Canada)
If one uses a motor vehicle to deliberately run down another then if one uses the motor vehicle, could the driver have committed the offence of murder, attempted murder or criminal negligence causing death? (Alberta, Canada)
Can intent be considered as part of the risk analysis in a motor vehicle accident case? (Alberta, Canada)
What is the test for a plaintiff to be held liable for injuries sustained in a motor vehicle accident? (Alberta, Canada)
What is the test for assessing pre-trial loss of income for a plaintiff who is injured in a motor vehicle accident? (Alberta, Canada)
In what circumstances will a plaintiff have to prove that he or she was injured in a motor vehicle accident? (Alberta, Canada)
What is the test for a plaintiff to claim damages in a motor vehicle accident? (Alberta, Canada)
What are the arguments raised by the trial judge in a motor vehicle accident case for damages for years lost by a plaintiff who is not injured but injured? (Alberta, Canada)
What is the test for damages for a plaintiff in a motor vehicle accident? (Alberta, Canada)
