Contributory Negligence is the principle used by Defendants/insurance companies to limit liability if they are able to establish that Plaintiff caused or contributed in any way to their injuries or damages.
If you are involved in a collision and held some fault in the collision, you could still recover compensation for your damages. Likewise, if you are involved in a slip/trip and fall accident and held some fault, you could still recover compensation for your damages too. Although, it does pose some challenges.
The amount a Plaintiff can recover in a collision will be lower depending on the degree of fault applied.
Crucial evidence will need to be gathered in order to prove what a Plaintiff’s degree of fault is, including:
- Eyewitness statements
- Collision reconstruction
- Photographs of the scene/location
- Video surveillance/ Dashcam footage
- Vehicle inspection/ shoe inspection
- Knowledge of the hazard
- Seatbelt worn
If there is a fault found on a Plaintiff, the Plaintiff’s compensation/award will be reduced by the percentage of fault found on the Plaintiff.
The team at JEWELL RADIMISIS JORGE LLP. strongly encourages all Ontarians to engage in safe practices.If you or a loved one have been injured in a slip and fall or collision and think you may have contributed to your injuries, you may be entitled to receive the help you deserve. Contact us at JEWELL RADIMISIS JORGE LLP and a member of our team will be happy to assist you.