What is the test for personal injury claims in a motor vehicle accident case?
Saskatchewan, Canada
The following excerpt is from Watson v. Guillaume, 1918 CanLII 142 (SK CA):
Blackburn, J., in Fletcher v. Rylands, L.R. 1 Ex. 265, at p. 286, observes that: Those who go on the highway, or have their property adjacent to it, may well be held to do so subject to their taking upon themselves the risk of injury from that inevitable danger.
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