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Report on post-accident remedial measures

19 Jul 2006

As one of the purposes of the law of negligence is to prevent accidents, it was felt that to allow the evidence in would defeat the purpose that the law was trying to achieve. [...] The plaintiff appealed from the ruling of the chambers judge, in part, on the issue of whether questions relating to the period after the accident could be asked at examination for discovery. [...] The Court held that the plaintiff should have been permitted to introduce, as evidence that the sign was too far from the road, the fact that the municipality moved the sign closer to the road following the plaintiff’s accident and that this resulted in a reduction in accidents. [...] The court admitted evidence that the defendant had taken steps to remedy the deficiencies set out in the plaintiff’s Statement of Claim with regard to the hazards surrounding the design of the steps. [...] On this issue the court stated:12 Insofar as the defendant promptly addressed the deficiencies set out in the Statement of Claim to the extent of using the Statement of Claim as a checklist, I instruct myself that I cannot on the basis of this evidence alone conclude that the defendants thereby admitted liability.
government accident law accidents common law ethics government information justice law litigation negligence contract proof human activities discovery legal procedure court judiciary trial (court) ethical principles legal concepts judiciaries defendant reasonable person rules of evidence admissible evidence probative value negli-gence subsequent remedial measure subsequent remedial measures
ISBN
1894278216
Pages
13
Published in
Canada

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