What is the test for a mitigation defence in a motor vehicle accident?
British Columbia, Canada
The following excerpt is from Cummings v. Hitt, 2015 BCSC 530 (CanLII):
Once the plaintiff establishes the defendant is liable for causing his or her injuries, the burden of proof shifts to the defendant. To succeed on a mitigation defence, the defence must prove: i) a rehabilitative program would have reduced or eliminated the effect of the injuries; ii) a reasonable plaintiff in the same circumstances would have followed such a program; iii) the plaintiff unreasonably failed to follow such a program; and iv) the extent to which the plaintiff's damages would have been reduced if he or she had followed such a program: Harris v. Zabaras, 2010 BCSC 97.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is impecuniosity accepted as a counter-defence to the defence of failure to mitigate in the context of motor vehicle personal injury? (British Columbia, Canada)
What is the defence of inevitable accident in a motor vehicle accident case? (British Columbia, Canada)
What is the difference between a motor vehicle accident and a subsequent motor vehicle collision? (British Columbia, Canada)
In a motor vehicle accident involving a stolen vehicle, can the driver of the stolen vehicle be held liable for damages? (British Columbia, Canada)
What is the test for determining whether a motor vehicle accident is an accident or an accident? (British Columbia, Canada)
What is the test for a mitigation defence in a motor vehicle accident case? (British Columbia, Canada)
What is the law on liability for an injured person who is injured in an accident while trying to rescue someone from a motor vehicle accident? (British Columbia, Canada)
Can a motor vehicle accident be employment-connected where the accident occurred on a driveway or roadway extending between the employer's premises and the public roadway? (British Columbia, Canada)
How have courts interpreted the doctrine of a "phantom vehicle" in a motor vehicle accident claim? (British Columbia, Canada)
What is the legal test for using the word "superintendent of Motor Vehicles" in a motor vehicle application? (British Columbia, Canada)
