Legal Question in Personal Injury in Canada

Re: I am being sued

In any personal injury action, the Plaintiff, in this case the injured passenger on your ski doo, will attempt to recover damages in a civil claim from any party who may be partly responsible for his/her injuries.

While it makes sense that the person MOST responsible for the injuries in the driver of the car that hit the ski doo, the legal system will look at the issue of causation.

Even though you did not actually DO ANYTHING to cause the accident, your inability to prevent your son from stealing your ski doo might be considered an element that contributed to the eventual injuries suffered by the passenger. By this I mean: you participated in the chain of causation. The law says that someone who is even 1% responsible for the accident would be liable to pay damages.

The fact that you were the owner of the ski doo involved in the accident is another reason why you have been named a defendant.

I am simply describing the process to you. It would be up to you to demonstrate, for instance, that you could not have prevented your son from taking it.

I strongly advise you to contact your insurance company (if the ski doo was insured), or your other automobile insurer, if you have not done so already.