How is apportionment of responsibility between a tortfeasor and a plaintiff found contributory negligent?
Saskatchewan, Canada
The following excerpt is from Saskatchewan Institute of Applied Science and Technology v. Hagblom Construction (1984) Ltd., 2003 SKQB 478 (CanLII):
Heller v. Martens addresses the question of whether apportionment of responsibility, as between a tortfeasor and a plaintiff found contributory negligent, should be based upon “causation” or “comparative blameworthiness”. In that case a driver of a milk delivery truck who was not wearing a seat belt was seriously injured when his vehicle was struck by the defendant who ran a stop sign. The trial judge found contributory negligence on the part of the plaintiff and also concluded that his injuries would have been much less serious had he been wearing a seat belt. He nonetheless found the defendant 75 percent liable.
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