How have courts dealt with the issue of negligence in the context of personal injury cases?
Ontario, Canada
The following excerpt is from O'Neill v. Hamilton General Hospital, 2004 CanLII 15791 (ON SC):
A common practice is negligent if fraught with obvious risks. When simple methods to avoid danger are available, non-user cannot be justified by saying that others also have been following the less careful practice. In such a situation it is within the competence of court or jury, quite as much as experts, to deal with the issues: Ter Neuzen v. Korn 1995 CanLII 72 (SCC), [1995], 3 S.C.R., 674 (S.C.C.).
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