What is the test for determining whether a person will be negligent in a motor vehicle accident?
British Columbia, Canada
The following excerpt is from East Ocean Seafood Restaurant (1991) Ltd. v Bonanza Building Maintenance Inc., 2020 BCSC 874 (CanLII):
The plaintiff also relies on Ryan v. Victoria (City), 1999 CanLII 706 (SCC), [1999] 1 S.C.R. 201, at para. 28, where Justice Major explained that conduct will be negligent if it creates an objectively unreasonable risk of harm and to avoid liability, a person must exercise a standard of care that one would expect “of an ordinary, reasonable and prudent person in the same circumstances”.
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