What is the test for determining the extent of negligence liability of a plaintiff in a personal injury action?
British Columbia, Canada
The following excerpt is from Brunelle v. Yoshida, 2014 BCSC 1006 (CanLII):
In cases of negligence, the plaintiff must establish: (1) that the defendant was the “cause in fact” of the damage suffered and (2) that the defendant was a “proximate cause” of the damage, “in other words, that the damage was not too remote from the factual cause. ... The remoteness inquiry assumes that but for the defendant’s wrongful act, the plaintiff’s loss would not have occurred, but places legal limits on the defendant’s liability” (Hussack v. Chilliwack School District No. 33, 2011 BCCA 258 at para. 54, 19 B.C.L.R. (5th) 257).
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