Our lawyers deal with these general negligence questions every day. At the same time, we stay sharply focused on the facts of a given case.
We Have Extensive Experience Proving Negligence and Recovering Damages From Negligent Parties in BC
In common use, the term “negligence” is easy enough to understand — it means carelessness, thoughtlessness or the failure to anticipate the consequences of hasty action or poor planning. In the legal sense, negligence can be complex. Winding back the facts of an accident, the resulting damages and the relationships between the parties involved can be extremely complicated. Errors or oversights along the way can mean the difference between success and failure in negligence litigation.
If you or someone in your family was injured through the carelessness of someone else, contact Murphy Battista LLP for a free consultation about the facts of your case and your legal options. You’ll see how a team of experienced professionals analyzes and confronts the legal and evidentiary problems that can lie hidden beneath the surface of your negligence claim.
Direct and Indirect Negligence in Car Accident Cases
Motor vehicle accident cases can involve both direct and indirect negligence. For example, serious injuries caused by a drunk driver might exceed the available ICBC coverage. Our lawyers will investigate and determine whether additional negligent acts or omissions by others also played a role in the accident, aggravated the injuries or otherwise made your losses worse. While these acts or omissions may not have been a direct cause of your injuries if they contributed to your situation that indirect link may mean you are entitled to compensation from these parties. For example, in drunk driving cases, we will investigate whether the intoxicated driver was over-served at a bar or restaurant, immediately prior to the accident which could lead to a negligence action against the establishment.
Similarly, our lawyers may look into the design and maintenance of the highway, intersection or crossing where the accident occurred. Defective road design or negligent repair might have played as great a role in causing the crash as the other driver’s carelessness, and we know how to pursue claims against local or provincial government agencies for negligence.
Whether your accident was caused or aggravated by bad judgment in beverage service or a poor decision made by a pursuing officer following a third party in a high-speed chase, our lawyers take a comprehensive view of the cumulative effects of negligent actions and omissions by anyone directly or indirectly involved in causing your injuries.
The key element in legal analysis is the ability to show that a reasonable person under the circumstances would have acted differently from the defendant whose actions or omissions are under review. It is also essential to show a causal link between the negligent acts or omissions and the injuries or losses actually suffered.
Note: If you have been injured in a car accident in BC, even if you are at fault or partly at fault for the accident, you are entitled to ICBC Accident Benefits (sometimes called no-fault accident benefits). There have been changes to BC legislation that came into effect April 1, 2019 that impact these benefits. You can learn more here: Accident Benefits
The duty of care owed by one person to another in modern society also varies with particular situations. A reasonable level of care for someone walking down the street might well be different from the duty of care that a surgeon must fulfill in the operating theatre.
To learn more about the ways you can benefit from our understanding of BC negligence law, contact us for a free consultation.
Disclaimer: The outcome of every legal proceeding will vary according to the facts and unique circumstances in each individual case. References to successful case results where the lawyers at Murphy Battista LLP have acted for clients are not necessarily a guarantee or indicative of future results.
Scott Stanley and Paul Bosco represented a young woman who was the victim of horrible burns following an explosion at a backyard fire pit. The tenant poured a bucket of used motor oil on the fire, causing it to explode. The landlord, who happened to be the City of Burnaby, had been warned the tenant had fires in the past, which was contrary to their own bylaw prohibiting open fires, but did nothing about this. In the course of a month-long jury trial, the court accepted the arguments of Mr. Stanley and Mr. Bosco that (1) a duty of care was owed by the landlord to the victim, a visitor to the premises, (2) it was impossible for the victim to be found at all at fault for the incident and her injuries, and (3) only basic factual questions should be put to the jury for consideration. The jury ultimately awarded the victim a total of $4.56 million.