Weather as a cause of accidents

This page discusses assessment of fault in accidents where weather is a contributing cause (see separate section above for accidents involving ice on the road).

 

In Fontaine v. British Columbia (Official Administrator), [1998] 1 SCR 42 two hunters were found dead in their truck which had gone off a road and come to rest in a river bed. There was evidence that the area had experienced severe storms, but no direct evidence of negligence by the driver of the truck. The Supreme Court of Canada upheld the findings at trial that the plaintiff widow of the passenger had failed to establish negligence by the driver and that in that case the mere fact of the vehicle going off the road did not establish negligence.

 

 

 

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