Tort Law and Civil Liability in Toronto
There are four questions that must be asked when discussing civil liability and the law in Ontario. Did the defendant have the mental where with all to understand the consequences of their actions; and have the ability to tell the difference between right and wrong? And can the legal system prove the existence of fault? If fault is determined, did that fault cause damages, loss or harm? And to what degree did the fault by the accused play in the damages to the plaintiff?
Primarily, in civil law, not withstanding a couple exceptions – liability cannot be determined without first proving fault. In some circumstances fault may be presumed, as was the case related to employers and damages caused while under one’s care. The other is in the presumption of fault, which case the actions or conduct relating to the circumstances come into question.
Within tort law and civil liability the concept of fault has evolved through jurisprudence. As society changes, so does the legal system. When seeking to prove fault, the legal system looks for the existence of negligence or the lack of responsibility taken related to a duty that has been imposed by the law.
Within the law, duties are placed on a person so that they do not cause injury or damages to another person. If the person fails in a duty and someone is injured, that person is then liable for the injury, and responsible for reparations.
Faults can also be legislative and jurisprudence. In legislative cases, the acceptable or norm of society can set the standards. In jurisprudence, the courts determine what is, or is not, acceptable behavior in relation to the circumstances of the case.
Fault can also be determined in cases where a person profits in some way or another for the situation that caused the injury or damages. This is particularly the case with employers who profit from a business that causes harm in some way to an employee or other person.
Civil liability and car accidents are different again. Driving a car in today’s society does present some real risk. But in Ontario this does risk enter the equation. It has become a societal norm that victims of car accidents should not go without compensation. Statutes allow for compensation, regardless of fault and risk. It seems as though that burden has been placed on all drivers in the form of car insurance. Car insurance companies don’t always live up to that responsibility.
In conclusion, is seems as though risk is a ever-present part of our society, but the presence of those risks does not absolve us of our social obligations and duty to ensure that our actions or in actions don’t put others in harms way. If some fails in that duty the damages imposed on others can be severe.
The information contained in this article is in the nature of general comments and off the cuff discussion. It is not offered as formal legal advice nor should it be taken as such. Anyone who reads this article should legally act or refrain from legally acting based on the information thereof. Any opinions expressed are of the author, and not that of any other party, company, publisher, advertiser or entity.
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