What is the test for contributory negligence in a motor vehicle accident?
Saskatchewan, Canada
The following excerpt is from Meth v. Melinsky, 1941 CanLII 123 (SK QB):
From a consideration of the authorities it will be seen that in cases such as the present one where one party has manifestly been guilty of negligence in leaving an obstruction upon the road the question of his liability for an accident caused by the driver of a motor vehicle running into such obstruction depends entirely upon that of whether the driver of the motor vehicle has himself used ordinary reasonable precautions to avoid the accident. If he has operated his car in a reasonably prudent manner then the fact that an accident occurs does not in itself make him guilty of contributory negligence; and as was pointed out in Tidy v. Battman, supra, each case must depend upon the particular circumstances under which the accident arose.
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