What is the burden on a plaintiff to prove that they were injured as a result of negligence?
British Columbia, Canada
The following excerpt is from Etson v. Loblaw Companies Limited (Real Canadian Superstore), 2010 BCSC 1865 (CanLII):
The fact of injury does not create a presumption of negligence. The burden is on the plaintiff to establish on a balance of probabilities that the injury resulted from a breach of the defendant’s duty of care: see Lavalee at para. 30 and Mainardi v. Shannon, 2005 BCSC 644 at para. 21.
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