Plaintiff

Three years ago I was hurt riding my dirt bike at the gravel pit, or "the Pits" as we called it then. I was 13years old when I was injured. I am 16 now. I have been riding my SuzukiRM100 since I was nine or ten years old. At first, I always went riding with my dad, but when I got experienced, my dad trusted me to ride with my friends or alone. I was a member of my school's motor-cross team. I often rode at the gravel pit and lots of other kids on dirt bikes went there too. I rode there over 200 times, usually on the flats but I would always ride up the sand piles six or seven times to see who else was there. There were some signs on the property, but no one has ever hassled me about riding there. On the day of the accident, I was riding alone. I was slowly climbing to the top of a gravel cliff so I could ride on the path along the top. The path was on a flat area that followed the crest of the gravel cliff. I had been on the path lots of times. It was packed down from all of the bikes using it. I was going up the hill about ten kilometers per hour. I was sitting on my bike and walking it with my feet, guiding it along. I was going slowly in second gear because I wanted to stop at the top and check for other riders who might be around. When I got to the top of the hill there was nothing there. I couldn't stop and I went straight down. The path was gone and I just sort of fell off the cliff. I remember looking straight down for a split second doing a nosedive at the ground. I dropped with my bike, about 15 feet. I was hurt badly. I was in so much pain that I was screaming and my bike was revving on top of me. Someone came along and helped me. S/he said that an ambulance was on the way. S/he asked me my name and phone number and said that's/he would take the bike to my home and tell my parents what happened. I was badly injured. My right arm was broken and I have nerve damage which means I cannot raise my arm above mid-chest level. My parents have to help me do everything and it has been very expensive because I have had so much therapy done to try and help me use my arm. My chances of employment have decreased and it is difficult to do school work. I can never ride and compete in motor-cross events again. My coach told me I could have been a real strong competitor if I hadn't been injured. Plaintiff: a member of my school's motor-cross team, rode there over 200 times, usually on the flats, always ride up the sand piles six or seven times How: I was going up the hill about ten kilometers per hour, . I was sitting on my bike and walking it with my feet, guiding it along. I was going slowly in second gear because I wanted to stop at the top and check for other riders who might be around.

Defendant

I was the only employee working at the Fraser Gravel site on the day of the accident. My uncle/aunt owns Fraser Gravel and s/he gave me the job of foreperson. My duties included running an excavator, moving around gravel to different locations on the site, and loading gravel on to dump trucks. I knew there were a lot of people that rode their motorcycles on the gravel site. It was rare, however, to see someone actually riding on the hills. The motorcycles made so much noise that many of our residential neighbors would complain to us. We put up "Private Property - No Entry" signs all around the boundaries of the site and gates blocking the road entrances but no one obeyed them. They knew it was private property but they came onto the property anyway. On the day of the accident, I removed some sand from Pile #6. At the time I removed the portion of gravel I didn't notice the well-worn motorcycle path. I never thought that removing some of the gravel - just doing my job - would make a risk of injury for a motorcycle rider who was not supposed to be on our property. At the moment the accident occurred, I was unloading some tools from my truck at the site office. I heard what sounded to me like a motorcycle in third gear. It was revving high and making a lot of noise. Then I heard a crash and some screaming. I jumped in my truck and drove in the direction of the noise. I saw a guy/girl lying on the ground under his/her smashed-up motorcycle which was still running. I called an ambulance and found out his/her name and address. After the ambulance left, I took his/her motorcycle over to his/her parents' place and notified them that s/he was injured and was being taken to the hospital.

Question: Apportionment differs from liability, whereas apportionment refers to the degree of fault after one is found liable. What would be the Apportionment to the above Case between Plaintiff vs Defendant

References

https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/96333_01#section1

https://www.canlii.org/en/bc/bcca/doc/1990/1990canlii946/1990canlii946.html