What obligation does a plaintiff have to seek treatment to alleviate or cure their injuries?
British Columbia, Canada
The following excerpt is from Karim v. Li, 2015 BCSC 498 (CanLII):
A plaintiff has an obligation to take all reasonable measures to reduce his or her loss, including undergoing treatment to alleviate or cure injuries: Danicek v. Alexander Holburn Beaudin & Lang, 2010 BCSC 1111 at para. 234.
Once the plaintiff has proven 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: Gilbert v. Bottle, 2011 BCSC 1389 at para. 202.
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