Does a plaintiff have a general obligation to keep a proper look out and to take reasonable precautions and to respond to apparent potential hazards?
British Columbia, Canada
The following excerpt is from Rudrum v Crossley, 2021 BCSC 2279 (CanLII):
All drivers have a general obligation to keep a proper look out and to take reasonable precautions and to respond to apparent potential hazards: Julian v. Joyce, 2016 BCSC 1417, aff’d 2017 BCCA 217. As such, it does not necessarily follow that the servient driver will be found to be legally at fault in a claim in negligence, and the plaintiff must still establish causation on a balance of probabilities.
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