What is the test for a plaintiff to succeed in his claim for negligence in a motor vehicle accident?
British Columbia, Canada
The following excerpt is from Hewson v. British Columbia, 2016 BCSC 803 (CanLII):
In order to succeed in his claim for negligence, the plaintiff must prove: (1) that the defendant owed him a duty of care; (2) that the defendant’s behaviour breached the standard of care; (3) that the plaintiff sustained damage; and (4) that the damage was caused by the defendant’s breach: Mustapha v. Culligan of Canada Ltd., 2008 SCC 27 at para. 3. At issue in the present case are the standard of care and its purported breach, as well as causation.
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