What is the test for negligence in the context of the state's interest in the injury of a person who was injured in a motor vehicle accident?
British Columbia, Canada
The following excerpt is from Can. Commercial Bank v. Carpenter, 1989 CanLII 2811 (BC CA):
There is a passage in the judgment of Dickson J. in Moran v. Pyle which at this point bears repeating [p. 409]: This rule recognizes the important interest a state has in injuries suffered by persons within its territory. It recognizes that the purpose of negligence as a tort is to protect against carelessly inflicted injury and thus that the predominating element is damage suffered.
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