What is the test for determining whether a person who is injured in an accident is entitled to compensation?
Alberta, Canada
The following excerpt is from Straka v. Schneider, 1974 CanLII 309 (AB QB):
I refer next to Nisbet v. Rayne and Burn, [1910] 2 K.B. 689, 80 L.J.K.B. 84, 103 L.T.R. 178, 26 T.L.R. 632, where according to the facts a cashier was robbed and killed while carrying money to pay the wages of his employer's workmen. The risk of being robbed was held to be a risk incidental to the cashier's employment and the incident fell within the definition of accident. In the same year in the case of Anderson v. Balfour, [1910] 2 I.R. 497, 44 I.L.T. 168, it was held on appeal that a gameskeeper who was killed by poachers while carrying out his duties of keeping poachers off his employer's land met with an accident deserving of compensation.
"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
What is the test for determining whether a plaintiff has a right to claim compensation for injuries sustained in a motor vehicle accident? (Alberta, Canada)
Is a person who is unable to appreciate the risk associated with certain activities entitled to be treated differently than a person with the capacity to understand the risk? (Alberta, Canada)
What is the test for a physician to determine whether a person has a testamentary capacity? (Alberta, Canada)
What is the test for determining whether a third party has been negligent in causing the injury of a plaintiff by accident? (Alberta, Canada)
What factors are considered to be determinative in determining whether a medical malpractice case is successful or unsuccessful? (Alberta, Canada)
What is the test for an unmarried person to be entitled to the same status as a married person? (Alberta, Canada)
In a motor vehicle accident case where the victim is not dead but still exists, is there any case law that supports the presumption that the accident victim’s death is not an accident? (Alberta, Canada)
What are the arguments raised by the trial judge in a motor vehicle accident case for damages for years lost by a plaintiff who is not injured but injured? (Alberta, Canada)
What is the test for determining whether a plaintiff is entitled to damages from an event that may happen in the future? (Alberta, Canada)
What is the test for determining whether a spouse is disabled and entitled to spousal support? (Alberta, Canada)
