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Toronto Personal Injury Law Blog

Premises liability of occupiers

Occupiers of property in Ontario are obligated by law to keep their premises safe for guests or residents who use them. If an occupier fails to keep their premises free of hazards, they could be held liable for injuries that are sustained as a result. In cases where there is a landlord and tenant, the property may have more than one liable occupier.

When there is a question of whether or not an occupier is liable for injuries sustained on his or her property, a court will look at various issues involved in the accident. If the accident was caused by a hazard on the property, the court will try to determine whether the hazard was foreseeable and allowed to remain on the property for an unreasonable period. A court will also consider whether the occupier kept their premises properly maintained and whether the occupier inspected the property on a regular basis.

Recovering damages for fatal accidents in Canada

Sadly, many people in Canada and in Ontario lose their lives each year in motor vehicle accidents. The law provides loved ones the ability to sue on behalf of the deceased person, in order to recover damages for the pecuniary losses they have suffered as a result of the death.

The Family Law Act provides that the spouse, children, parents, grandparents and siblings of the decedent may all recover damages by filing a civil lawsuit against the negligent driver. The Act also outlines specific categories of available damages through such a suit.

Understanding the different types of skull fractures

Ontario residents may be intrigued to know that there are different types of skull fractures, each of them distinct. For example, two of the more common types are compound and depressed skull fractures. With compound fractures, there are cuts in the scalp and fractures in the skull. With depressed fractures, pieces of the skull break and move toward the brain.

Skull fractures constitute a penetrating brain injury acquired typically through some sort of traumatic event, such as a physical assault or an auto accident. If an accident victim were to suffer a petrous bone fracture, which often causes large areas of bruising to occur below the ear and on the neck, that individual might experience nerve damage that adversely affects the sense of hearing.

Wrong-way drunk driver kills 1 in highway crash

Ontario Provincial Police confirmed that a 31-year-old man from St. Catharines was killed in a wrong way crash on Oct. 21. According to police, an attempt was made to intercept the wrong-way vehicle prior to the two-car accident. The collision occurred before the police were able to stop the negligent driver.

Police were alerted to the presence of the wrong-way driver when a 911 call came in at 5:12 a.m. The caller reported seeing a blue Toyota Tundra travelling in the opposite direction of traffic along the QEW, going towards Niagara. Approximately one minute later, the Toyota collided head-on with a Buick sedan near the intersection of Fifty Road.

Who can be held liable for a traumatic brain injury?

According to the Ontario Brain Injury Association, more than 1 million children in the United States and Canada suffer traumatic brain injuries every year. Some of the incidents that cause these injuries are sports, bicycle and motor vehicle accidents, and most of them result in litigation. This makes it important for parents to be aware of who is liable for causing brain injuries of children and how the justice system works.

When a case for personal injury is filed, a person or entity must be named as liable for causing the injury. The liable person or entity is referred to as the defendant. Since a brain injury is most likely to occur during a traumatic event, the usual basis for liability lies with the negligent actions of the defendant. Negligence is the failure to exercise the degree of care that a prudent person is obligated to exhibit.

Understanding and dealing with spinal cord injuries

There are various situations that can contribute to a spinal cord injury, and some injuries can be more severe than others are. An Ontario resident may wonder how to manage living a normal life in extreme cases. The adjustments necessary to achieve a quality of life that a victim held prior to the injury can be significant, especially in cases involving paraplegia or quadriplegia. Paraplegia is the loss of sensation and motion in the legs and lower portion of the body, and quadriplegia is the loss of sensation and motion in the arms and chest as well as in the lower part of the body.

After spinal damage occurs, a hospital begins treatment promptly in order to limit the potential for further damage. Steroids may be administered in order to address swelling, and X-rays and other imaging techniques are used to identify the location of an injury. Additional testing is performed to pinpoint areas where sensation has been lost. If recovery is likely, it usually takes place during the initial six months after an injury.

Insurance benefits available to motor vehicle accident victims

Ontario auto insurance policies are required to provide Statutory Accident Benefits Coverage. This provides insurance against injuries and fatalities suffered not only by drivers, but also their passengers during a motor vehicle accident. Moreover, it pays benefits without regard to fault. There are several different types of accident benefits available through this coverage.

Statutory Accident Benefits may include, for example, compensation for lost wages, medical and rehabilitation expenses and even the costs associated with hiring an attendant due to injuries suffered in the accident. In addition to that, compensation may be available to cover care-providing costs when the injured party had served as a caretaker prior to the accident but can no longer fulfill those duties.

Highway 17 T-bone crash kills 1

Ontario Provincial Police say that on Sept. 15, a Quebec woman lost her life in a T-bone collision near Renfrew. The crash happened at the intersection of Highway 17 and Bruce Street around 11 p.m. The accident forced the closure of the highway overnight, during which time a detour was implemented.

According to authorities, a 47-year-old man was pulling a trailer with a pickup truck in the eastbound lanes of the highway and did not stop at the intersection for a red traffic light. At that moment, a 46-year-old woman was driving north on Bruce Street and passing through the intersection. The pickup truck hit the woman's car on the driver's side.

Man charged in fatal Ontario motorcycle accident

According to officials, a Chevrolet and motorcycle were involved in a collision in Zorra Township at 19th Line at Road 64 on Sept. 7 about 12:45 p.m. The motorcyclist was killed in the accident and the Chevrolet's driver was taken to the hospital for treatment of minor injuries.

Investigators concluded that the accident was caused by the actions of a negligent driver. Officials say that the Chevrolet veered across the centre line and struck the motorcycle as it headed east. The Chevrolet's driver has been charged with causing death by criminal negligence and dangerous operation of a motor vehicle.

Brain injuries: causes and effects

Ontario residents might not be aware of the pernicious nature of acquired brain injuries. When people suffer post-natal damage to the brain on account of a traumatic or non-traumatic event, they may be susceptible to memory loss, communicative disabilities and even paralysis.

The prevalence of acquired brain injuries is not just a national issue, but a local concern as well. Countrywide, the number of victims reaches approximately 50,000 annually, according to statistics. In Ontario alone, some 44 people per day suffer an acquired brain injury, many of them due to accidents involving automobiles or in the workplace.