Does a plaintiff have to prove negligence in a motor vehicle accident case?
British Columbia, Canada
The following excerpt is from Lee v. Chan, 1997 CanLII 4201 (BC SC):
In Savinkoff v. Seggewiss (supra) (Finch J.A., Legg J.A. and Williams J.A. concurring), the plaintiff was standing about 10 feet off the travelled portion of a highway, when the defendant's vehicle failed to negotiate a curve and slipped off the slippery road surface, severely injuring the plaintiff. The trial judge held that the plaintiff had failed to prove negligence on the defendant's part.
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