Contributory negligence is a legal concept that refers to the extent to which a person's own actions or negligence contributed to their own injury or loss. In Ontario, contributory negligence is an important factor that is taken into account in many personal injury cases. In this blog post, we will explore what contributory negligence is, how it is determined, and what implications it has for personal injury cases in Ontario.
What is Contributory Negligence?
Contributory negligence is a legal term that refers to the degree to which a plaintiff's own actions or negligence contributed to their injury or loss. In other words, it refers to the extent to which the plaintiff's own actions were a cause of the harm that they suffered.
For example, if a person is injured in a car accident and it is determined that they were not wearing their seatbelt at the time of the accident, this may be considered contributory negligence. Similarly, if a person slips and falls on a wet floor in a store, but it is determined that they were distracted by their phone at the time of the fall, this may also be considered contributory negligence.
How is Contributory Negligence Determined in Ontario?
In Ontario, contributory negligence is determined on a case-by-case basis. The court will consider a range of factors, including the plaintiff's actions leading up to the incident, the nature of the incident itself, and any relevant laws or regulations.
To determine contributory negligence, the court will consider the following questions:
- Did the plaintiff owe a duty of care to themselves or others?
- Did the plaintiff breach that duty of care?
- Did that breach contribute to the harm or loss that was suffered?
- Was the plaintiff's conduct reasonable in the circumstances?
If the court determines that the plaintiff's actions or negligence contributed to their harm or loss, they may reduce the amount of damages that the plaintiff is entitled to receive.
What Implications Does Contributory Negligence Have for Personal Injury Cases in Ontario?
Contributory negligence can have significant implications for personal injury cases in Ontario. If the court determines that the plaintiff's actions or negligence contributed to their harm or loss, the court may reduce the amount of damages that the plaintiff is entitled to receive.
For example, if a person is injured in a car accident and it is determined that they were not wearing their seatbelt at the time of the accident, the court may determine that their damages should be reduced by a certain percentage. Similarly, if a person slips and falls on a wet floor in a store, but it is determined that they were distracted by their phone at the time of the fall, the court may also reduce their damages.
In some cases, contributory negligence may also be used as a defense by the defendant. For example, if a person is injured while trespassing on someone else's property, the defendant may argue that the plaintiff's actions contributed to their injury and that they should not be held liable for the full amount of damages.
Conclusion
In Ontario, contributory negligence is an important concept that is taken into account in many personal injury cases. If the court determines that the plaintiff's actions or negligence contributed to their harm or loss, they may reduce the amount of damages that the plaintiff is entitled to receive. As such, it is important for plaintiffs to understand how contributory negligence works and how it may impact their case.
If you have been injured and are considering pursuing a personal injury claim, it is recommended that you speak with an experienced personal injury lawyer who can provide guidance and advice on your case. Please contact our team at JEWELL RADIMISIS JORGE LLP for a free initial consultation at (800) 715-1082.