In what circumstances will a defendant be held wholly liable for an accident where a child was struck by his pickup truck?
British Columbia, Canada
The following excerpt is from Geddert v Stokes, 2021 BCSC 656 (CanLII):
In Sullivan v. Sullivan, 1996 CanLII 2548 (B.C.S.C.), Mr. Justice Blair found the defendant wholly liable for an accident which occurred as he had parked his truck in such a way that prompted him to reverse out of a parking area onto a driveway. The defendant had modified his pickup truck for cosmetic reasons which had the effect of creating blind spots behind the pickup that were not accommodated by his rearview mirrors. While backing up, the defendant struck a child.
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