How is liability apportioned in a motor vehicle accident case?
British Columbia, Canada
The following excerpt is from Grund v. Norberg, 1995 CanLII 757 (BC SC):
26 It has been argued that s. l of the Negligence Act, R.S.B.C. 1979 c. 298 should be applied. This section provides that where, by the fault of two or more persons, loss is caused to one or more of them, the liability shall be apportioned according to the degree of fault. The section has been applied in assault cases: see Norman v. Kipps (Jan. 20 1994, New West. No. 913808 B.C.S.C.).
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