Difference between revisions of "Responding to a Small Claim (20:VI)"

Where a claimant was careless and this carelessness contributed to the damages suffered, a defendant might plead the defence of contributory negligence. An example is where a claimant tripped over a bag that was carelessly left in a walkway. The defendant may be liable  but the claimant may have been contributorily negligent for failing to keep watch for obstacles.  

A defendant who believes that the claimant was partially at fault should state in the reply: “The defendant pleads and relies upon the ''Negligence Act''” (see ''Negligence Act'', RSBC 1996, c 333). Each party is liable to the degree that they are at fault; where degrees of fault cannot be determined, liability is apportioned equally (see ''Negligence Act, supra'', s 1(2))