What is the range of contributory negligence in a motor vehicle accident involving a child as young as 10?

Manitoba, Canada


The following excerpt is from Hisco v. Stitz, 2008 MBQB 45 (CanLII):

With respect to contributory negligence, the plaintiff submits that the action by the child has to be egregious before 50% of the negligence can be attributed to the child. In the case of Bese (Next friend of) v. Mayan, the plaintiff was 10½ years old. 33⅓% was attributed to the child. In the case of Sharp v. Binder, the child who was then 12 years old was assessed 25% negligent, the court indicating that they are taking into consideration the age of the victim and therefore the duty on the part of any driver to predict some less than perfect behaviour on the part of children. It is the submission of the plaintiff that the appropriate range of contributory negligence would be somewhere between 0% and 33⅓%.

Other Questions


Does the term "motor vehicle" or "off-road vehicle" in a motor vehicle insurance policy have to be interpreted in accor dance with statutory definitions? (Manitoba, Canada)
Does an insurer have to make a meaning on words like motor vehicle and motor vehicle registration? (Manitoba, Canada)
What is sufficient to prove negligence in a motor vehicle accident? (Manitoba, Canada)
Is there any case law where a plaintiff has been involved in a motor vehicle accident for 11 years? (Manitoba, Canada)
What is the test for determining liability for negligence in a motor vehicle accident? (Manitoba, Canada)
Can punitive damages be sought in a motor vehicle accident? (Manitoba, Canada)
What is the legal test of causation in a motor vehicle accident? (Manitoba, Canada)
What is the test for determining liability of a defendant in a motor vehicle accident? (Manitoba, Canada)
What is the test for establishing but for causation in a motor vehicle accident case? (Manitoba, Canada)
What is the test for a plaintiff to prove that they were injured in a motor vehicle accident? (Manitoba, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.