When the damage suffered was not caused by a car, its use or its cargo, civil liability cannot be attributed to the Société de l'assurance automobile du Québec (SAAQ), but falls under common law.
A tree belonging to a municipality falls on a car driving on a public road and kills one of the occupants. Who can be held responsible: the municipality or the Société de l'assurance automobile du Québec (SAAQ)?
In its analysis, the court recalls that the SAAQ "was not designed to eliminate the principles of civil liability in all cases where the victim is in a car". Reviewing several court decisions, the Court* thus reminds that the law does not apply if:
- a driver is injured as a result of the explosion of two beer bottles in a beer case on the rear seat of a car;
- coffee is spilled on a driver's legs while their car is parked at a drive-thru restaurant;
- a cyclist is attacked by a dog while riding a bicycle;
- a driver, behind the wheel of their vehicle, is hit by a stone from an explosion that occurred in a nearby quarry;
- a driver commits suicide by exploding their car;
- a user is assaulted by a wheelchair strap used by a transport company driver to secure their wheelchair.
Following the analysis of case law, the court concludes in this case that the damage suffered by the family "was not caused by a car, its use or its loading". Therefore, civil liability cannot be attributed to the SAAQ, but rather falls under common law.
In a car, you always have the freedom to choose your route, but the same cannot be said for the laws that govern you.
*CA 500-09-019100-080
