What is the test for proving a plaintiff’s liability for their injuries?
British Columbia, Canada
The following excerpt is from Sebaa v. Ricci, 2015 BCSC 1492 (CanLII):
Once the plaintiff has proved the defendant’s liability for his or her injuries, the defendant must prove that the plaintiff acted unreasonably and that reasonable conduct would have reduced or eliminated the loss. Whether the plaintiff acted reasonably is a factual question and it involves a consideration of all of the circumstances, see Gilbert v. Bottle, 2011 BCSC 1389, at para. 202.
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