What is the test for proving a plaintiff’s liability for injuries sustained in a motor vehicle accident?
British Columbia, Canada
The following excerpt is from Sturm v Clarke, 2016 BCSC 1657 (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: Gregory v. Insurance Corp. of British Columbia, 2011 BCCA 144.
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