Forrester was doing construction on his house and created an obstruction on the road. Butterfield left a pub and was riding his horse when he collided with the obstacle and was seriously injured. However, he was riding extremely fast in a residential neighbourhood and the defendant had left an opening so that people could still safely pass.
- Is the defendant at fault if a reasonable driver would have seen the obstacle and avoided it?
The court is clear that that the fault is solely the plaintiff’s. If he had been riding reasonably then he would have seen the obstacle and not been injured. The defendant cannot be liable for an injury that was partially caused by the negligence of the plaintiff.
A defendant cannot be held liable for damages resulting partially from the negligence of the plaintiff.