Negligence ~ Apportionment to Plaintiff
In some cases, the plaintiff himself may have caused or contributed to the accident.
Let's reconsider the same three car rear-end accident, but this time, vehicle A, changed lanes quickly without signally. So, while vehicle A did come to a full stop in front of vehicle B, it cut down on the stopping distance of B, and also C. So, in part A contributed to the accident as well.
Here's section 3:
Plaintiff guilty of contributory negligence
3. In any action for damages that is founded upon the fault or negligence of the defendant if fault or negligence is found on the part of the plaintiff that contributed to the damages, the court shall apportion the damages in proportion to the degree of fault or negligence found against the parties respectively.
The net result is fairly clear. Some of the blame can be place upon the plaintiff. Assuming that A is found to be 50% at fault, then B is 37.5% at fault and C is 12.5% at fault.
Apportionment allows a court to assess the liability of the plaintiff (victim) in the fact situation.
Brian Madigan LL.B., Broker is an author and commentator on real estate matters, if you are interested in residential or commercial properties in Mississauga, Toronto or the GTA, or you would like a free market evaluation of your home in Erin Mills, Credit Mills, Credit Woodlands, Sheridan Homelands, Sawmill Valley, Bridlepath, Pheasant Run, Sherwood Forrest or Mississauga Oakridge, you may contact him through Royal LePage Innovators Realty, Brokerage 905-796-8888
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