What is a plaintiff’s share of damages in a motor vehicle accident?
Nova Scotia, Canada
The following excerpt is from Barron v. Barron, 2003 NSSC 90 (CanLII):
However, the plaintiff’s share of the damages should be minimal. As Lord Denning MR said in Froom v. Butcher, [1975] All E.R. 520 at 527, “[w]henever there is an accident, the negligent driver must bear by far the greater share of responsibility. It was his negligence which caused the accident. It also was a prime cause of the whole of the damage.”
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