Defences for negligence Defences for Negligence Best Defences

Defences for negligence

Defences for Negligence Best Defences are: • That negligence did not exist; or • That the defendant did not owe the plaintiff any duty of care.

Defence: Contributory Negligence Definition If both the plaintiff and defendant are negligent to some degree, damages are divided between them. Burden is on the Defendant to prove the Plaintiff’s contributory negligence.

Example: A motor vehicle accident results in damages of $80, 000. The court finds the Defendant 75 percent at fault for driving above the speed limit and running a red light. The court finds the Plaintiff is 25 percent at fault for driving through the intersection on an amber light and not wearing a seatbelt. As a result, the Plaintiff will receive $60, 000 and is responsible for the remaining $20, 000 and will not receive it.

Defence: Voluntary Assumption of Risk Definition: The Defendant must prove that the Plaintiff clearly knew of the risk of his actions and made a choice to assume that risk.

Hagerman v. Niagara Falls • Hagerman & Harris attend Niagara Falls Memorial Arena to watch a Junior A game • Request seats at south end of arena, behind plexiglass screen (1. 5 m high) • Player shot a puck from the blue line towards the goal; cleared the screen towards H & H • Puck shattered left lens of Hagerman’s glasses, resulting in loss and removal of her eye • Hagerman sued the city of Niagara Falls, but her action was dismissed. Why?

Defence: Inevitable Accident Definition: Injury or loss may result from a situation that is unavoidable, no matter what precautions the reasonable person takes. Example: Lightening strikes Bob’s moving car, causing him to lose control and collide with oncoming traffic. Bob would not be liable since he could not have foreseen such an occurrence and could not prevent it.