What is the test for a plaintiff to prove that her husband's death was not caused by negligence?
British Columbia, Canada
The following excerpt is from Thompson v. Cox, 1999 CanLII 6506 (BC SC):
In the case of Wakelin v. L. & S.W. Ry. (1886), 12 App Cas 41, Lord Halsbury stated the following which, in my view, is apt in the circumstances of this case: My Lords, it is incumbent upon the plaintiff ... to establish by proof that her husband's death has been caused by some negligence of the defendants, some negligent act, or some negligent omission, to which the injury complained of ... is attributable. That is the fact to be proved. If that fact is not proved, the plaintiff fails, and if in the absence of direct proof the circumstances which are established are equally consistent with the allegation of the plaintiff as with the denial of the defendants, the plaintiff fails, for the very simple reason that the plaintiff is bound to establish the affirmative of the proposition.
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