Is a plaintiff entitled to recover damages from her employer if she is injured just a little bit negligent?
Ontario, Canada
The following excerpt is from Fleming v. Massey, 2016 ONCA 70 (CanLII):
Fourth, in accordance with the general common law tort principle regarding contributory negligence, an injured worker who was just slightly negligent was barred any recovery from the employer: Hall v. Hebert, 1993 CanLII 141 (SCC), [1993] 2 S.C.R. 159 at 205.
Fifth, in order for a worker’s action to be successful, the worker had to prove the employer’s personal negligence was the direct and proximate cause of the injury: Jamieson v. Harris (1905), 1905 CanLII 71 (SCC), 35 S.C.R. 625.
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