By William E. McNally, Barbara Cotton and Pamela Fischer

In a hypothetical situation plaintiff’s counsel is acting for the estate of a deceased who was killed while driving on a highway in Alberta. A passing vehicle was in a serious state of disrepair and a piece of metal from the defendant driver’s vehicle dislodged and shot through the window of the deceased, penetrating her skull. Clearly an action can be commenced in negligence, but plaintiff’s counsel is intrigued by the idea of commencing an alternate action in public nuisance. The attraction of a claim in public nuisance is the perceived possibility of gaining an advantage through the imposition of strict liability.

Does an action for public nuisance remain a useful tool for the plaintiffs’ personal injury bar?

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