Practice
Blog 
Accidents and Injuries
News
- Progress Being Made on Breast Cancer Claims...
- Associate lawyer...
- Plaintiff lawyer gets five years for bribery...
- Record $17 million injury award upheld...
Library
Auto Accidents and Car Wrecks
- Cell Phones and Motor Vehicle Accidents
- The Constitutionality of No-Fault Auto Insurance
- Auto Tort Reform: A Newfoundland and Labrador Victory for the Injured
Class Action Lawsuits
- Mass Torts and Class Actions: Separating the Wheat from the Chaff
- Light Cigarettes
- Payday Loans
- Advanced Medical Optics
- Video Lottery Terminals
Breast Cancer Testing Class Action Documents
- Press Release: Dec 12, 2006
- Certification Application
- Statement Of Claim
- Answers to Interrogatories
- Hutton Response
Chocolate Price Fixing Class Action Documents
Video Lottery Terminals Class Action Documents
Advanced Medical Optics Class Action Documents
Payday Loans Class Action Documents
- Money Mart Statement of Claim
- Payday Loans Press Release
- Payday Plus Statement of Claim
- Quick Cash Statment of Claim
OxyContin Class Action Documents
Light Cigarettes Class Action Documents
Lab City Class Action Documents
- Litigation Plan
- Press Release - February 9, 2004
- Affidavit of Representative Plaintiff
- Affidavit of Solicitor
- Application for Class Certification
Newsletter Archive
Public Law Library
- Public Database of Court Decisions
- Highest Personal Injury Damages Awarded in Atlantic Canada History
- Court of Appeals Reverses Trial Decision: Ditch Dangerous but Premises Safe (go figure!)
- Injured Doctor Looks For Help From Supreme Court of Canada
- Injured Doctor Looks For Help From Supreme Court of Canada Part II
General
Newfoundland Injury Law Blog
Newfoundland Injury Law BlogAccidents and Injuries
Plaintiff's Neglect Causation At Their Peril
In this Trial Division decision, the court found that the defendant had been negligent, but the plaintiff had not proven the necessary causal connection between the defendant’s negligence and his injuries.
In the Newfoundland and Labrador case of Lane v. Alcock Enterprises, Mr. Lane fell on a set of four stairs leading to a landing. He argued negligence in three respects: no hand rail, difficult stair geometry, and lack of non-slip treading.
The trial judge found that the lack of a handrail and poor stair geometry from the main access stairs into the business, constitute negligence. Evidence of architectural experts was heard. However the judge found that she was not convinced that either the stair geometry or the lack of a handrailing made a significant contribution to the slip and fall and consequent injuries.
The teaching point is that to succeed in a negligence action, the plaintiff needs to prove not just negligence, but that the negligence caused the injury. Proof of causation is the element of a successful action that all too often gets overlooked. Plaintiffs and their lawyers neglect proof of causation at their peril.
Read More about "Plaintiff's Neglect Causation At Their Peril"
Comments
Post a comment
Post a Comment to "Plaintiff's Neglect Causation At Their Peril"
To reply to this message, enter your reply in the box labeled "Message", enter your username and password, and hit "Post Message."
FREE Online Evaluation
QUICK CONTACT
Ches Crosbie Barristers
169 Water Street
St. John's, NL A1C 1B1
Toll Free: (888) 579-3262
Phone: (709) 579-4000
Fax: (709) 579-9671
FAQ
Auto Accidents and Car Wrecks
- If an insurance adjuster calls me after my accident to ask me questions, can I talk to him?
- Are photos of the accident scene helpful?
- A friend was in a car accident and broke her leg. She got a lot of money. Will my case be worth as much as hers?
Accidents and Injuries
- If this is my child’s case, will I need to bring my child into court at the time of trial?
- If this is a case about my child’s injuries, do I need to bring my child in to see you?
- What is a life care planner?
Medical Malpractice
- How do you decide whether to accept a medical malpractice case?
- Why do we need expert witnesses in our malpractice cases?
- You declined my malpractice case. How come?
Class Action Lawsuits
- As a class member, do I have any responsibility to pay for any cost awards payable to the other side?
- As a class member do I have a responsibility for the legal fee of plaintiff's counsel?
- What do I have to do to join the class action?
Newfoundland and Labrador Personal Injury Lawyer
- What is your “success rate”?
- Do injury lawyers advertise too much?
- Who is the "best" lawyer for an injury case?