What is the test for determining whether a defendant is liable for injuries sustained by a plaintiff in a motor vehicle accident?
British Columbia, Canada
The following excerpt is from Yip v. Saran, 2014 BCSC 1283 (CanLII):
However, it is not necessary for the plaintiff to establish that the defendant's negligence was the sole cause of the injury. As long as a defendant is part of the cause of the injury, the defendant is liable, even though the defendant’s act alone was not enough to create the injury. See Athey v. Leonati, 1996 CanLII 183 (SCC), [1996] 3 S.C.R. 458, at paras. 13-17. The plaintiff is to be placed in the same position she would have been in, if not for the defendant’s negligence.
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