What is the burden of proving contributory negligence in a motor vehicle accident?
British Columbia, Canada
The following excerpt is from Glavica v. Lott, 2014 BCSC 2238 (CanLII):
Regarding the allegation of contributory negligence, the burden is on the defendant to establish that the plaintiff had a sufficient opportunity to avoid the collision if she had been driving prudently (Scholpp v. Porter et al., 2002 BCSC 1372 at para. 8). Put another way, the defendant must prove that the plaintiff’s failure to take reasonable care, if any, was a proximate cause of the collision.
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