What happens when your car hits a moose or a moose hits our your car? In a case of man and machine versus moose, who is liable for injury? The Supreme Court of Newfoundland and Labrador was tasked with the latter question in Hartson v Hunter, 2006 NLTD 59 (CanLII: http://canlii.ca/t/1mxfk). The defendant was travelling on an isolated two-lane portion of the Trans Canada Highway in the evening, when he struck a moose. Almost immediately after, the plaintiff struck the same moose as he was driving his pickup truck in the opposite direction on the highway. The moose crashed through the plaintiff’s windshield, causing him serious injuries. The plaintiff claimed that the defendant was driving in an imprudent manner. According to the plaintiff, the defendant was driving too …
Wearable fitness trackers are all the rage. They measure your heart rate, sleep, eating habits, and more. They follow you on your wrist wherever you go. And insurance companies and law firms are keenly aware of this. FuelBand, Fitbit, Jawbone and other such exercise gadgets store personalized data about their wearers, so that it may afterwards be analyzed. While intended for a user’s own benefit, this gold mine of information is presently being used in a personal injury case in Calgary, Alberta. While it is a Canadian case, the implications of it are gathering international attention.. It could be the first time objective evidence is available to quantify an injured party’s loss, instead of the traditional way of gathering medical evidence (i.e., booking a medical appointment and self-reporting …