Does a defendant have a heavier onus if he asserts a defence of inevitable accident?
British Columbia, Canada
The following excerpt is from Waters v. Mariash, 2012 BCSC 927 (CanLII):
According to Hearn v. Rowland, the defendant does bear a heavier onus if he asserts a defence of inevitable accident, but not if he seeks to show, as in this case, that the accident happened without any negligence on his part. The onus is therefore on the plaintiff to show that the accident occurred as a result of the defendant’s negligence. I am not persuaded that he has done so.
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