#AskCoreySax Whether you are injured in a car crash or by slipping and falling on debris left on the floor while shopping at your local grocery store, you could have the right to recover damages as compensation for your injuries. Protecting and enforcing your right to be compensated starts by having a clear understanding of your rights and obtaining the services of an experienced personal injury lawyer to assist you. Proving negligence Unless you were injured in a motor vehicle accident subject to Ontario no-fault law, personal injury claims require proof that another party’s negligence caused the accident. Negligence is ...
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#AskRichardChang Most people hosting a party or gathering at their home are more concerned about having enough food and beverages for their guests than they are about being held responsible if someone has too much to drink and is involved in an accident. Canadian courts have made it clear that a bar or restaurant serving alcohol to a customer could be held liable if an intoxicated patron is injured in an accident. The law is not as clear as far as the responsibility of a social host for injuries suffered by an intoxicated guest. Distinction between social hosts and commercial ...
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#AskStevenWilder School teachers and administrators have a difficult job looking out for the safety of the child parents entrust to them each and every day. When accidents happen and a child is seriously injured the primary concern for parents is their child’s wellbeing. Later, after the child receives the medical care and attention needed, concerns arise about what action can be taken and who is liable. Negligence and injuries suffered at school As a general rule, someone suffering an injury is entitled to receive compensation from another party whose negligence was the cause of the accident. This same principle holds ...
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#AskIsaacZisckind It might seem a bit confusing to have your Ontario personal injury lawyer discussing the evidence needed to prove negligence and the extent of your injuries in court. You might think it’s clear what happened, but you have the burden of proving it to the impartial judge who will award you compensation. As the plaintiff, the legal term for the person filing a civil lawsuit, you have the burden of proof in a personal injury case to produce evidence showing your injuries were caused by the negligence of another party. Burden of proof in a civil case As the ...
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#AskCoreySax Doing something that causes harm to another person is what most people might consider when asked to describe negligence. Sometimes, it can be the failure to do something that could lead a court to award compensation to an injured victim. In either case, it is the negligent conduct of people that makes them liable for the harm they cause. As a general rule, determining negligence depends on the party suffering harm to prove the following: Existence of a duty of care Breach of the duty Harm caused by the breach Unless a victim can prove all three elements, negligence ...
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