Can a plaintiff be held contributorily negligent in a motor vehicle accident?
Alberta, Canada
The following excerpt is from Favel v. Large, 1988 CanLII 3442 (AB QB):
However, the defendant has proven he was not solely responsible for the accident. The plaintiff has a duty to look out for his own safety and if he does not can be found contributorily negligent. A child can be held contributorily negligent. The tests to be applied are set out in Heisler v. Moke, 1971 CanLII 625 (ON SC), [1972] O.R. 446, 25 D.L.R. (3d) 670 (H.C.). I find Troy was capable of being found negligent at law in the circumstances. He was an alert, intelligent 12 year old who had considerable experience in riding horses. I find he did not exercise the care for himself to be expected of a child of like age, intelligence and experience.
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