Ontario’s Rules On Proving Liability In A Personal Injury Accident

If 2 individuals have been involved in an incident, the party that was less careful than the other party typically gets blamed for any injuries or damage. If both parties have been negligent, then the court might seek the answer to a specific question.

What is that question?

Were both of the involved persons in the proper spot, when the accident occurred? In other words, were both of them standing or sitting in the location where they were expected to be? If one of them was not, that fact could be used as proof of some degree of added negligence. The party with the added negligence would be held responsible for any injuries or damage.

Alternatively, the court might ask this question: Was this one careless and neglectful person following the directions that had come from someone else? For instance, did an employee get into an accident while completing a task that had been assigned by an employer? In that case, the employer would be responsible for any accident-caused damage or injuries.

Other questions that help to assign liability

Was some dangerous element present at the spot where the victim got injured? Was there a broken traffic light at the intersection where 2 cars collided? Was there a wet floor in the aisle of the store where a customer slipped and fell? Was a restaurant’s entrance not opening in the expected manner on the afternoon when an elderly female customer got hit by one of the entrance’s sliding doors?

Did a defective product cause the accident? Did the presence of that defect shed light on the reason for the victim’s injury?

Suppose more than one person has been named liable?

In that case, the plaintiff/victim can sue one of the responsible parties. If the plaintiff wins the dispute created by a given incident, then the sued party must pay the indicated award. That same party can then ask the other parties to decide on how that payment to the plaintiff can be reimbursed.

Personal injury lawyer in Leamington understand that the plaintiff must perform a specific job, prior to getting that award. The other parties are supposed to receive a notification, one that lets them know that the victim/plaintiff plans to file a personal injury claim. Plaintiffs that fail to send such a notification will find it hard to win their case against the one selected party.

If the court allowed the plaintiff to win his or her case, without notifying all the parties, that would not be fair to the person being asked to pay a requested award. The legal system tries to be fair to both sides in any legal dispute. Plaintiffs are supposed to cooperate with the system’s effort to be fair.