CASE D

Dodgsonv.Topolinsky(1980 Ontario)

Mr. Justice Labrosse of the Ontario High Court of Justice found driver Carol Dodgson 15% at fault in an accident because of her failure to wear her seatbelt, even though the other driver's negligence was the cause of the accident.

The driver of the other car, Melva Topolinsky, had stopped momentarily at an intersection in a rural area. Then she moved out into the path of Dodgson's car. Dodgson suffered a severe scalp wound and shattered right knee. Her daughter also suffered minor injuries.

Mr. Justice Labrosse awarded the plaintiff $39,184.50 for her injuries, but then reduced this award to $33,306.82 because she was not wearing a seatbelt at the time of the accident. Aperson who does not wear a seatbelt while in a car is negligent in not taking precautions for personal safety. Therefore, if wearing a seatbelt would have prevented or lessened injuries suffered in an accident, damages will be reduced, even if the accident is totally the fault of the other driver.

Q: Explain how the principle of contributory negligence applies in Case D.