Facebook and Your Personal Injury Claim - Can Facebook hurt you?
If you are involved in an accident and are injured, you will likely be involved with an insurance company at some stage. As injury lawyers, we handle every aspect of our client's accident and injury case and we deal with all the insurance companies, adjusters and defence lawyers involved. You worry about getting better; we worry about the legal issues.
As part of the usual process, insurance companies will make inquiries about you and your injuries and how they affect your lifestyle. When involved in litigation or even if you are simply advancing a claim for compensation at the early stage and there is no litigation, certain aspects of your life will be investigated. Many times, insurance companies look for anything they can to reduce or illuminate compensation to injured victims.
As your accident and injury lawyers, we always warn our clients that social media must be used wisely. Social media like Facebook and Twitter can contain and include information and documents which you may have to produce if your case goes to Court. In many cases, in advance of examination for discovery or trial, defence lawyers research plaintiffs (injured person) using the Internet. They can obtain many facts about an injured person and often can obtain photos or documents relating to an injured person. This sometimes happens without your lawyer even knowing.
The Court can in many cases order injured persons to produce a copy of their entire Facebook or Twitter account to the insurance company, adjusters and their lawyers. What are they looking for? They are looking for any evidence which contradicts that a person is injured and/or unable to do certain things. They look for trips, photographs, activities and even comments made about activities and your life.
Nothing you put on the Internet is confidential. Your Facebook page is open to your friends and they all have access to your information and can download anything you have on your Facebook account pages. You can be tagged in photos and anyone with access (even “friends”) can post them on your account or others’ accounts. Always assume that everything you place on the Internet through any means can be accessed and is not confidential.
Anything and everything you place on the Internet such as photos, tweets, entries, emails and blogs can be searched by insurance companies and their lawyers and can be used against you.
Ottawa Facebook Injury lawyers - Ottawa Personal Injury Lawyers. Quinn Thiele Mineault Grodzki LLP – 613-315-4878 or 613-563-1131.
Tuesday, January 31, 2012
Monday, January 30, 2012
Winter pedestrian accidents and injuries - Ottawa pedestrian lawyer helping victims.
Winter pedestrian accidents and injuries - Ottawa pedestrian lawyer helping victims.
It is not uncommon during the winter months that persons using sidewalks, roadways and entrances slip and fall due to the accumulation of ice and snow. In many cases, the fall could have been prevented had the owner or occupier of the premises taken reasonable steps to ensure that ice and snow did not accumulate.
In many cases, the injuries are very serious such as traumatic head injuries or serious fractures.
If you or someone you know has been injured as a result of slip and fall, contact the slip and fall personal injury lawyer experts at 613-563-1131.
This Ottawa personal injury blog is written entirely by members of the Ottawa personal injury lawyer network, a team of personal injury lawyer experts dedicated to assisting victims and their families who suffer injuries as result of accidents in Ontario, focusing in Ottawa. This blog reports on accidents throughout Eastern Ontario, provides updates on personal injury issues, reviews local online news and events which relate to accidents and personal injury.
www.ottawapersonalinjurylawyernetwork.com. 613-315-4878
It is not uncommon during the winter months that persons using sidewalks, roadways and entrances slip and fall due to the accumulation of ice and snow. In many cases, the fall could have been prevented had the owner or occupier of the premises taken reasonable steps to ensure that ice and snow did not accumulate.
In many cases, the injuries are very serious such as traumatic head injuries or serious fractures.
If you or someone you know has been injured as a result of slip and fall, contact the slip and fall personal injury lawyer experts at 613-563-1131.
This Ottawa personal injury blog is written entirely by members of the Ottawa personal injury lawyer network, a team of personal injury lawyer experts dedicated to assisting victims and their families who suffer injuries as result of accidents in Ontario, focusing in Ottawa. This blog reports on accidents throughout Eastern Ontario, provides updates on personal injury issues, reviews local online news and events which relate to accidents and personal injury.
www.ottawapersonalinjurylawyernetwork.com. 613-315-4878
Homeowner Liability - What are the obligations of a home owner? Ottawa home owner liability lawyers video.
Homeowner Liability - What are the obligations of a home owner to prevent injuries? Ottawa home owner liability lawyers video.
It should be noted that there are many statutes in Canada at both the federal and provincial levels that deal with rights of victims who are injured as a result of the negligence of another.
Given that courts deal with wrongful conduct of others, government has seen it fit to legislate the obligations of the homeowners to provide guidance and rules. For instance, under the of Ontario Occupier's Liability Act, homeowners and occupiers of property have a positive duty to ensure that persons entering onto their property are reasonably safe at all times.
The Occupier's Liability Act shifts the burden of care to property owners who have a statutory duty of care to individuals entering on the property.
An occupier is someone who has physical possession of the premises or has responsibility for the control of the conditions of the premises, the activities conducted on the premises and/or the persons permitted to enter the premises.
What is the duty of care of an occupier? The general duty of care is as follows: An occupier has a general duty of care to anyone entering the premises and to anything brought on the premises to take reasonable care to protect the safety of others. The occupier’s duty is to take reasonable steps to ensure that those persons or things are safe while on the premises.
In some cases, the court will reduce the duty of care or reduce the amount of damages. In doing so, the court considers things such as willingly assuming risk or contributory negligence.
In determining the proper duty of care, courts often classify entries to property. General classifications are as follows:
Trespassers (persons who enter property without permission or invitation), Licensees (persons whose presence is not objected to or challenged but who confers no benefit on the occupier), Invitees (persons invited onto property, for benefit to owner or mutual benefit to invitee or owner) and Contractual Entrants (where there exists a contract for use of the property – such as a lease and retail store).
To learn more about how homeowner liability issues can arise, contact any of our lawyers for a free consultation.
Ottawa homeowner liability lawyers.
Contact us for a free consultation. Call 613-315-4878 or 613-563-1131 to speak to one of our experienced personal injury lawyers free of charge.
We handle personal injury and accident cases on the basis of no fee unless you win.
It should be noted that there are many statutes in Canada at both the federal and provincial levels that deal with rights of victims who are injured as a result of the negligence of another.
Given that courts deal with wrongful conduct of others, government has seen it fit to legislate the obligations of the homeowners to provide guidance and rules. For instance, under the of Ontario Occupier's Liability Act, homeowners and occupiers of property have a positive duty to ensure that persons entering onto their property are reasonably safe at all times.
The Occupier's Liability Act shifts the burden of care to property owners who have a statutory duty of care to individuals entering on the property.
An occupier is someone who has physical possession of the premises or has responsibility for the control of the conditions of the premises, the activities conducted on the premises and/or the persons permitted to enter the premises.
What is the duty of care of an occupier? The general duty of care is as follows: An occupier has a general duty of care to anyone entering the premises and to anything brought on the premises to take reasonable care to protect the safety of others. The occupier’s duty is to take reasonable steps to ensure that those persons or things are safe while on the premises.
In some cases, the court will reduce the duty of care or reduce the amount of damages. In doing so, the court considers things such as willingly assuming risk or contributory negligence.
In determining the proper duty of care, courts often classify entries to property. General classifications are as follows:
Trespassers (persons who enter property without permission or invitation), Licensees (persons whose presence is not objected to or challenged but who confers no benefit on the occupier), Invitees (persons invited onto property, for benefit to owner or mutual benefit to invitee or owner) and Contractual Entrants (where there exists a contract for use of the property – such as a lease and retail store).
To learn more about how homeowner liability issues can arise, contact any of our lawyers for a free consultation.
Ottawa homeowner liability lawyers.
Contact us for a free consultation. Call 613-315-4878 or 613-563-1131 to speak to one of our experienced personal injury lawyers free of charge.
We handle personal injury and accident cases on the basis of no fee unless you win.
Personal Injury accidents in Renfrew – Renfrew Injury lawyers – Arnprior injury lawyers – Pembroke injury lawyers
Personal Injury accidents in Renfrew – Renfrew Injury lawyers – Arnprior injury lawyers – Pembroke injury lawyers
Personal injury accidents often result in serious injuries being sustained through the fault of another person. A personal injury occurs when someone is physically, psychologically or emotionally injured as a result of the careless or negligent conduct of another person.
In many cases, the person from whom an injured person seeks compensation has liability insurance coverage which can provide financial compensation to the injured person.
Not every claim for compensation will trigger insurance coverage however. As experienced accident and personal injury lawyers, we know how to properly trigger insurance coverage in personal injury cases. Not all lawyers know how to do this.
As specialists in personal injury litigation, we assist personal injury victims with every aspect of seeking compensation arising out of accidents.
Victims should keep in mind that, in Ontario, there are limitation periods that may prevent an injured person from seeking compensation. Therefore, an injured person should never delay in contacting a personal injury lawyer.
A personal injury and accident lawyer can determine the proper time limits that apply to your specific case and protect your rights.
we have obtained millions in compensation for our clients.
Contact us for a free consultation. Call 613-315-4878 or 613-563-1131 to speak to one of our experienced personal injury lawyers free of charge.
Personal injury accidents often result in serious injuries being sustained through the fault of another person. A personal injury occurs when someone is physically, psychologically or emotionally injured as a result of the careless or negligent conduct of another person.
In many cases, the person from whom an injured person seeks compensation has liability insurance coverage which can provide financial compensation to the injured person.
Not every claim for compensation will trigger insurance coverage however. As experienced accident and personal injury lawyers, we know how to properly trigger insurance coverage in personal injury cases. Not all lawyers know how to do this.
As specialists in personal injury litigation, we assist personal injury victims with every aspect of seeking compensation arising out of accidents.
Victims should keep in mind that, in Ontario, there are limitation periods that may prevent an injured person from seeking compensation. Therefore, an injured person should never delay in contacting a personal injury lawyer.
A personal injury and accident lawyer can determine the proper time limits that apply to your specific case and protect your rights.
we have obtained millions in compensation for our clients.
Contact us for a free consultation. Call 613-315-4878 or 613-563-1131 to speak to one of our experienced personal injury lawyers free of charge.
Saturday, January 28, 2012
Ottawa’s NHL All Star Weekend Schedule, Ottawa accident and injury lawyers, Quinn Thiele Mineault Grodzki LLP Sports Injury Lawyers
Ottawa Sports Injury Lawyers
Ottawa’s NHL All Star Weekend Schedule, Ottawa accident and injury lawyers, Quinn Thiele Mineault Grodzki LLP
It is a very exciting weekend to see the NHL All Stars this weekend here in Ottawa. Ottawa is an exciting place to be most times of the year, but this is an added bonus. In addition to the Rideau Canal, Ottawa offers locals and visitors many things to see and do. Be in Ottawa in 2012 of you want to participate in the 2010 NHL All-Star Celebration. The 2012 NHL All-Star Game will be played on Sunday, January 29, 2012, at Scotiabank Place.
Hockey can be a dangerous sport. Not every injury suffered during a hockey game or even a practice can result in a successful personal injury case. An injury alone does not guarantee substantial, or indeed any amount of compensation. Every injured person (or plaintiff if the matter is in court), no matter how severely injured, must prove that the person they say caused their injury was negligent in their conduct.
In the event negligence cannot be proven, no compensation will be payable. Many people go to court and are unable to prove negligence at trial. Often, injured persons abandon their claims long before their matter is litigated or is tried.
There are many legal principles which apply in sport injury cases. Sports injury law is complex. For instance, there is the principle of assumed risk.
Every person who participates in an activity that is inherently dangerous willingly assumes some level of risk. While this may not be a total bar to a claim in negligence, it can be and often greatly reduced the amount of compensation an injured person can receive.
If you are injured in a sports related accident, you need experienced injury lawyers. Our Ottawa sports injury lawyers can help you. We provide free legal advice and take on cases on the basis of no fee unless you win basis. Call us at 613-563-1131 (Marc Quinn, Ottawa Injury Lawyer). Ottawa injury lawyer video.
Ottawa’s NHL All Star Weekend Schedule, Ottawa accident and injury lawyers, Quinn Thiele Mineault Grodzki LLP
It is a very exciting weekend to see the NHL All Stars this weekend here in Ottawa. Ottawa is an exciting place to be most times of the year, but this is an added bonus. In addition to the Rideau Canal, Ottawa offers locals and visitors many things to see and do. Be in Ottawa in 2012 of you want to participate in the 2010 NHL All-Star Celebration. The 2012 NHL All-Star Game will be played on Sunday, January 29, 2012, at Scotiabank Place.
Hockey can be a dangerous sport. Not every injury suffered during a hockey game or even a practice can result in a successful personal injury case. An injury alone does not guarantee substantial, or indeed any amount of compensation. Every injured person (or plaintiff if the matter is in court), no matter how severely injured, must prove that the person they say caused their injury was negligent in their conduct.
In the event negligence cannot be proven, no compensation will be payable. Many people go to court and are unable to prove negligence at trial. Often, injured persons abandon their claims long before their matter is litigated or is tried.
There are many legal principles which apply in sport injury cases. Sports injury law is complex. For instance, there is the principle of assumed risk.
Every person who participates in an activity that is inherently dangerous willingly assumes some level of risk. While this may not be a total bar to a claim in negligence, it can be and often greatly reduced the amount of compensation an injured person can receive.
If you are injured in a sports related accident, you need experienced injury lawyers. Our Ottawa sports injury lawyers can help you. We provide free legal advice and take on cases on the basis of no fee unless you win basis. Call us at 613-563-1131 (Marc Quinn, Ottawa Injury Lawyer). Ottawa injury lawyer video.
Tuesday, January 24, 2012
Hire the Top Ottawa Slip and Fall Lawyer
OTTAWA SLIP AND FALL INJURY LAWYERS
If you were injured in a slip and fall accident or trip and fall accident, you may be entitled to damages for loss of income, expenses, pain and suffering and more.
You may be entitled to damages and compensation whether your accident took place on private or public property. Property owners including businesses, private owners and municipalities all have an obligation to make sure their properties are safe for users.
If you are the victim of a slip and fall injury, our accident and injury lawyers can obtain a cash settlement for you. Most cases we handle settle out of court.
Slip and fall accidents can result from a wide number of reasons and can happen almost anywhere - icy public sidewalks, ice parking lots – stores - poorly secured construction sites - freshly mopped floors - etc…
Any owner or occupier can be held responsible to pay damages if they did not do everything necessary and reasonable to ensure the safety of persons using their property.
Our lawyers specialize in injury cases. They know how to settle cases. They have years of legal experience and a proven track record of obtaining successful personal injury settlements.
Call us for a free consultation. We don’t charge unless we settle your claim! 613-315-4878 – Marc Quinn – Ottawa Slip and Fall Lawyer
If you were injured in a slip and fall accident or trip and fall accident, you may be entitled to damages for loss of income, expenses, pain and suffering and more.
You may be entitled to damages and compensation whether your accident took place on private or public property. Property owners including businesses, private owners and municipalities all have an obligation to make sure their properties are safe for users.
If you are the victim of a slip and fall injury, our accident and injury lawyers can obtain a cash settlement for you. Most cases we handle settle out of court.
Slip and fall accidents can result from a wide number of reasons and can happen almost anywhere - icy public sidewalks, ice parking lots – stores - poorly secured construction sites - freshly mopped floors - etc…
Any owner or occupier can be held responsible to pay damages if they did not do everything necessary and reasonable to ensure the safety of persons using their property.
Our lawyers specialize in injury cases. They know how to settle cases. They have years of legal experience and a proven track record of obtaining successful personal injury settlements.
Call us for a free consultation. We don’t charge unless we settle your claim! 613-315-4878 – Marc Quinn – Ottawa Slip and Fall Lawyer
Monday, January 23, 2012
I was injured in an Ottawa mva and need a top Ottawa ca accident lawyer
Ottawa Car Accident Injury Lawyer
Car accidents occur daily and are normal occurrences of life. They occur for various reasons, carelessness, too much traffic or because of bad weather and road conditions. Suffering an injury is more painful when you have to pay for its recovery and the person responsible for your injuries won't pay for your expenses. Most of us don’t know our legal rights when involved in a car accident or any type of personal injury case. If you are injured in a car accident and want compensation, you need to consult a personal injury lawyer to know your legal rights and interests. Call one of our top Ottawa car injury and accident lawyers and consult them on how to obtain compensation. Our Ottawa injury lawyers provide experienced advice and will represent you. They will stand up for you and support you until you get fair compensation.
Our Ottawa auto injury lawyers have handled a great number of accident cases and have been successful in getting fair compensation for car accident victims. Our lawyers only practice injury law. They are experts at accident and injury cases.
If you or anyone you care about has been injured in car accident, call us for a free consultation. 613-315-4878. Marc Quinn, Ottawa area Car Accident Lawyer.
Car accidents occur daily and are normal occurrences of life. They occur for various reasons, carelessness, too much traffic or because of bad weather and road conditions. Suffering an injury is more painful when you have to pay for its recovery and the person responsible for your injuries won't pay for your expenses. Most of us don’t know our legal rights when involved in a car accident or any type of personal injury case. If you are injured in a car accident and want compensation, you need to consult a personal injury lawyer to know your legal rights and interests. Call one of our top Ottawa car injury and accident lawyers and consult them on how to obtain compensation. Our Ottawa injury lawyers provide experienced advice and will represent you. They will stand up for you and support you until you get fair compensation.
Our Ottawa auto injury lawyers have handled a great number of accident cases and have been successful in getting fair compensation for car accident victims. Our lawyers only practice injury law. They are experts at accident and injury cases.
If you or anyone you care about has been injured in car accident, call us for a free consultation. 613-315-4878. Marc Quinn, Ottawa area Car Accident Lawyer.
Sunday, January 22, 2012
Winter Slip and Falls due to Ice, Snow or Slippery Surfaces - Video Accidents Injuries - Compenstion
Slip and fall on ice and snow in Ottawa - claims for compensation
Winter conditions including the existence of ice and snow create potentially dangerous conditions for anyone using sidewalks or just walking in winter. In many instances, stores, businesses and other retail establishments fail to adequately deal with slippery surfaces caused by melting ice and snow. People fall and injure themselves in the result.
In accordance with the laws of the Province of Ontario, property and business owners owe duties to users of the property to take such care as is required in the circumstances to ensure that people using their property are reasonably safe..\
The slippery surfaces and dangerous conditions of property like sidewalks, driveways, entrance ways and parking lots are areas that require additional attention during the winter season.
An occupier can be almost anybody and include any person, corporation, municipality, or other legal entity who has care, ownership or control of property. These legal entities have a positive obligation to ensure their properties are safe for users. They have responsibilities imposed upon them by law such as those imposed by the Occupiers Liability Act of Ontario.
To prove that the owner or occupier is liable to you for compensation as a result of a slip and fall, the onus is on the injured person to establish that the occupier or owner did not take reasonable steps to ensure the property was safe and free of ice and snow or slippery surfaces. Occupiers and owners do not necessarily have to keep their premises completely free of ice and snow in winter. However, they have to take reasonable steps to keep the property reasonably safe. For example, they should have a regular and reasonable clearing system in place to address the accumulation of ice and snow.
The lawyers of Quinn Thiele Mineault Grodzki LLP focus their entire law practice on car accident cases, slip and fall cases, trip and fall cases, dog bite cases and any and all other cases by which someone is injured as the result of the negligence or carelessness of another. We don't just practice personal injury and accident law, that is all we do. We pride ourselves on our excellent track record of success for our clients. We are proud of the millions of dollars we obtain for our clients each year.
We offer free consultations. We do not charge a fee unless we obtain a settlement for clients. We put this in writing.
Call us for a free consultation. Call us at 613-315-4878. Marc Quinn, Ottawa Car Accident Lawyer - Ottawa Slip and Fall Lawyer.
Winter conditions including the existence of ice and snow create potentially dangerous conditions for anyone using sidewalks or just walking in winter. In many instances, stores, businesses and other retail establishments fail to adequately deal with slippery surfaces caused by melting ice and snow. People fall and injure themselves in the result.
In accordance with the laws of the Province of Ontario, property and business owners owe duties to users of the property to take such care as is required in the circumstances to ensure that people using their property are reasonably safe..\
The slippery surfaces and dangerous conditions of property like sidewalks, driveways, entrance ways and parking lots are areas that require additional attention during the winter season.
An occupier can be almost anybody and include any person, corporation, municipality, or other legal entity who has care, ownership or control of property. These legal entities have a positive obligation to ensure their properties are safe for users. They have responsibilities imposed upon them by law such as those imposed by the Occupiers Liability Act of Ontario.
To prove that the owner or occupier is liable to you for compensation as a result of a slip and fall, the onus is on the injured person to establish that the occupier or owner did not take reasonable steps to ensure the property was safe and free of ice and snow or slippery surfaces. Occupiers and owners do not necessarily have to keep their premises completely free of ice and snow in winter. However, they have to take reasonable steps to keep the property reasonably safe. For example, they should have a regular and reasonable clearing system in place to address the accumulation of ice and snow.
The lawyers of Quinn Thiele Mineault Grodzki LLP focus their entire law practice on car accident cases, slip and fall cases, trip and fall cases, dog bite cases and any and all other cases by which someone is injured as the result of the negligence or carelessness of another. We don't just practice personal injury and accident law, that is all we do. We pride ourselves on our excellent track record of success for our clients. We are proud of the millions of dollars we obtain for our clients each year.
We offer free consultations. We do not charge a fee unless we obtain a settlement for clients. We put this in writing.
Call us for a free consultation. Call us at 613-315-4878. Marc Quinn, Ottawa Car Accident Lawyer - Ottawa Slip and Fall Lawyer.
Winter Car Accidents in Ottawa - Slip and Falls in Ottawa in Winter - Hire the Best Ottawa Injury and Car Accident Lawyers
Avoiding a car accidents in winter, Ottawa car accident lawyers
Quinn Thiele Mineault Grodzki LLP are personal injury lawyers who handle dozens of car accident and motor vehicle accident cases each year. We settle cases.
These cases involve negligent or reckless driving and, in most cases, the injuries suffered by our clients could have been avoided.
When our clients suffer injuries as a result of the negligence of another driver, we work endlessly to obtain the most compensation available for our clients in the least amount of time possible.
With shorter days and longer nights during the winter season, nighttime car accidents occur more frequently during the winter months.
Slip and Falls - Ice and Snow
Another very common accident that occurs during the winter months is slip and fall accidents caused due to ice, snow, and slippery surfaces. Slippery surfaces usually occur as a result of the negligence of another person who has responsibility for the care of their property but failed to take proper care in the circumstances to ensure that persons using the property were safe.
In many cases, slippery surfaces occur in supermarkets, stores and retail establishments. The challenge in such cases is to prove that the business was negligent in allowing the slippery surface to exist, either by failing to have a reasonable maintenance program in place, not cleaning the area that was slippery and in many cases providing no warning whatsoever to customers of the hazard.
At our law firm, we have no interest in having our clients endure the stress associated with going to court, and accordingly, we take every reasonable effort possible to avoid court to settle cases for our clients. If howevr Court is necessary, we take every step within the context of the legal proceeding to negotiate a fair and reasonable settlement so that our clients are fairly compensated as soon as possible. If settlement is not possible, we will proceed to trial.
We offer free consultations and take personal injury and car accident cases on the basis of no fee until you settle. Call us at 613-315-4878 for a free consultation with one of our personal injury lawyers.
Marc-Nicholas Quinn, Ottawa Car Accident Lawyer - Ottawa Ice Lawyer - Slip and Fall Lawyer.
Quinn Thiele Mineault Grodzki LLP are personal injury lawyers who handle dozens of car accident and motor vehicle accident cases each year. We settle cases.
These cases involve negligent or reckless driving and, in most cases, the injuries suffered by our clients could have been avoided.
When our clients suffer injuries as a result of the negligence of another driver, we work endlessly to obtain the most compensation available for our clients in the least amount of time possible.
With shorter days and longer nights during the winter season, nighttime car accidents occur more frequently during the winter months.
Slip and Falls - Ice and Snow
Another very common accident that occurs during the winter months is slip and fall accidents caused due to ice, snow, and slippery surfaces. Slippery surfaces usually occur as a result of the negligence of another person who has responsibility for the care of their property but failed to take proper care in the circumstances to ensure that persons using the property were safe.
In many cases, slippery surfaces occur in supermarkets, stores and retail establishments. The challenge in such cases is to prove that the business was negligent in allowing the slippery surface to exist, either by failing to have a reasonable maintenance program in place, not cleaning the area that was slippery and in many cases providing no warning whatsoever to customers of the hazard.
At our law firm, we have no interest in having our clients endure the stress associated with going to court, and accordingly, we take every reasonable effort possible to avoid court to settle cases for our clients. If howevr Court is necessary, we take every step within the context of the legal proceeding to negotiate a fair and reasonable settlement so that our clients are fairly compensated as soon as possible. If settlement is not possible, we will proceed to trial.
We offer free consultations and take personal injury and car accident cases on the basis of no fee until you settle. Call us at 613-315-4878 for a free consultation with one of our personal injury lawyers.
Marc-Nicholas Quinn, Ottawa Car Accident Lawyer - Ottawa Ice Lawyer - Slip and Fall Lawyer.
Thursday, January 19, 2012
$40,000 Fine for Facebook Bashing - Ottawa Defamation Lawyers - Injured in Ontario by Libel or Slander - Call us! Appellate Court Declares Damages!
$40,000 Fine for Facebook Bashing - Ottawa Defamation Lawyers - Injured in Ontario by Libel or Slander - Call us! Appellate Court Declares Damages!
A groundbreaking ruling from the British Columbia Court of Appeal, serves to remind all Canadians that comments posted on popular social networking sites can be grounds for legal proceedings. Dr. Patrick Michael Nesbitt was held liable by the court to pay $40,000 in damages after using a personal website and Facebook to defame his ex-spouse, Wendy Neufeld. The couple had been involved in court based custody proceedings which lead to Ms. Neufeld having primary custody of their daughter and Nesbitt being granted supervised access. Nesbitt made derogatory comments about Nufeld and published personal documents obtained from her computer in an attempt to show she was an unfit parent.
The Judges ordered Nesbitt to pay damages for defamation and invasion of privacy as well as ordered special legal costs be paid. The decision is the first of its kind and makes it clear that people are accountable for their comments even in the world of social networking. The inclusion of special legal costs in the ruling illustrates just how serious the Court is taking comments made online. Canadians should be aware that comments made in email, text message, web sites and social networking practices have the same legal effect as those made in speech, writing or other form of publication.
Quinn Thiele Mineault Grodzki LLP - Ottawa Accident, Injury Lawyers - Obtaining millions in settlements for our clients. 613-315-4878. Marc Nicholas Quinn
A groundbreaking ruling from the British Columbia Court of Appeal, serves to remind all Canadians that comments posted on popular social networking sites can be grounds for legal proceedings. Dr. Patrick Michael Nesbitt was held liable by the court to pay $40,000 in damages after using a personal website and Facebook to defame his ex-spouse, Wendy Neufeld. The couple had been involved in court based custody proceedings which lead to Ms. Neufeld having primary custody of their daughter and Nesbitt being granted supervised access. Nesbitt made derogatory comments about Nufeld and published personal documents obtained from her computer in an attempt to show she was an unfit parent.
The Judges ordered Nesbitt to pay damages for defamation and invasion of privacy as well as ordered special legal costs be paid. The decision is the first of its kind and makes it clear that people are accountable for their comments even in the world of social networking. The inclusion of special legal costs in the ruling illustrates just how serious the Court is taking comments made online. Canadians should be aware that comments made in email, text message, web sites and social networking practices have the same legal effect as those made in speech, writing or other form of publication.
Quinn Thiele Mineault Grodzki LLP - Ottawa Accident, Injury Lawyers - Obtaining millions in settlements for our clients. 613-315-4878. Marc Nicholas Quinn
Wednesday, January 18, 2012
Brain Injuries - Head Injuries - Hire the Best Lawyers in Ottawa
The lawyers at the Ottawa Ontario law firm of Quinn Thiele Minault Grodzki LLP handle brain injuries and head injury cases throughout the Province of Ontario. There are far too many injuries resulting in traumatic head injuries and dramatic brain injuries each year. Brain injuries can occur much more easily than one would expect. In the blink of an eye, one's life can change forever.
Not all brain injuries can be prevented. Head injury and brain injury cases require very experienced personal injury lawyers who have the skills and resources available to properly assess, support and prosecute a claim for damages arising out of a head injury or brain injury.
For over 15 years, the lawyers at law firm Quinn Thiele Mineault Grodzki LLP have been dedicated to representing clients who have suffered personal injuries through various forms of accidents such as car accidents, slip and fall accidents, trip and fall accidents, and dog bites or attacks. The lawyers at our law firm have successfully represented clients in various levels of court, tribunal and administrative bodies.
The lawyers at our law firm regularly keep themselves up-to-date with the state of the law and any developing legal, medical or rehabilitation advances and issues by working very closely with health care professionals, social workers, and other professionals who all work together as a injury network to assist persons with injuries throughout Ontario.
After being in a car accident anywhere in Ontario, injured persons have turned to our Ottawa law firm for experienced specialized legal advice on all issues of personal injury. The lawyers at our law firm have assisted countless families rebuild their lives after suffering the aftermath of the various accident. Our accident lawyers have assisted countless families obtain maximum compensation, in most cases through out of court settlements. The lawyers on our law firm have recovered tens of millions of dollars for our clients.
Visit us at our website www.Ottawa personal injury lawyer network.com for more information. The lawyers at our law firm provides free consultations on all issues relating to personal injury and accidents. Contact us at 613-315-4878.
Marc Quinn, Ottawa injury specialist, mediator, lawyer and lecturer.
Not all brain injuries can be prevented. Head injury and brain injury cases require very experienced personal injury lawyers who have the skills and resources available to properly assess, support and prosecute a claim for damages arising out of a head injury or brain injury.
For over 15 years, the lawyers at law firm Quinn Thiele Mineault Grodzki LLP have been dedicated to representing clients who have suffered personal injuries through various forms of accidents such as car accidents, slip and fall accidents, trip and fall accidents, and dog bites or attacks. The lawyers at our law firm have successfully represented clients in various levels of court, tribunal and administrative bodies.
The lawyers at our law firm regularly keep themselves up-to-date with the state of the law and any developing legal, medical or rehabilitation advances and issues by working very closely with health care professionals, social workers, and other professionals who all work together as a injury network to assist persons with injuries throughout Ontario.
After being in a car accident anywhere in Ontario, injured persons have turned to our Ottawa law firm for experienced specialized legal advice on all issues of personal injury. The lawyers at our law firm have assisted countless families rebuild their lives after suffering the aftermath of the various accident. Our accident lawyers have assisted countless families obtain maximum compensation, in most cases through out of court settlements. The lawyers on our law firm have recovered tens of millions of dollars for our clients.
Visit us at our website www.Ottawa personal injury lawyer network.com for more information. The lawyers at our law firm provides free consultations on all issues relating to personal injury and accidents. Contact us at 613-315-4878.
Marc Quinn, Ottawa injury specialist, mediator, lawyer and lecturer.
Ottawa Personal Injury and Accident Lawyer Provides Free Consultations - Car Accidents - Slips and Falls - Snow and Ice Accidents - Dedicated
Ottawa lawyer free consultations - car accidents, slip and fall accidents, trip and fall accidents, dog bite or attack cases, insurance disputes and disability claims
Ottawa has received quite a bit of rain, freezing rain and snow during the last few days which made the roads in all water surrounding areas such as Gatineau, Brockville, Cornwall and Smiths Falls. Drivers are reminded to drive more slowly during which are generally and especially in cases of freezing rain and snow.
Unfortunately, ice, snow and poor weather makes for roads and sidewalks that are slippery and it can be a challenge for all drivers, cyclists and pedestrians.
If the conditions of the roads and sidewalks has resulted in someone you care about suffering an injury and you believe it is due to the wrongdoing, carelessness or negligence of someone else are Ottawa personal injury and accident law firm can help you.
This periodic auto injury and accident law blog is written by lawyers at the Ottawa law firm of Quinn Thiele Mineault Grodzki LLP. Since 1997, the lawyers of this Ottawa injury law firm has been representing Ottawa accident victims and their families throughout Ontario. This blog reports on accidents throughout Eastern Ontario, accident issues, personal injury issues, local online news and events as well as various news that relate to Eastern Ontario accident and personal injury.
Visit us at our website www.Ottawapersonalinjurylawyernetwork.com for more information. The lawyers at our law firm provides free consultations on all issues relating to personal injury and accidents. Contact us at 613-315-4878.
Marc Quinn, Ottawa injury specialist, mediator, lawyer and lecturer.
Ottawa has received quite a bit of rain, freezing rain and snow during the last few days which made the roads in all water surrounding areas such as Gatineau, Brockville, Cornwall and Smiths Falls. Drivers are reminded to drive more slowly during which are generally and especially in cases of freezing rain and snow.
Unfortunately, ice, snow and poor weather makes for roads and sidewalks that are slippery and it can be a challenge for all drivers, cyclists and pedestrians.
If the conditions of the roads and sidewalks has resulted in someone you care about suffering an injury and you believe it is due to the wrongdoing, carelessness or negligence of someone else are Ottawa personal injury and accident law firm can help you.
This periodic auto injury and accident law blog is written by lawyers at the Ottawa law firm of Quinn Thiele Mineault Grodzki LLP. Since 1997, the lawyers of this Ottawa injury law firm has been representing Ottawa accident victims and their families throughout Ontario. This blog reports on accidents throughout Eastern Ontario, accident issues, personal injury issues, local online news and events as well as various news that relate to Eastern Ontario accident and personal injury.
Visit us at our website www.Ottawapersonalinjurylawyernetwork.com for more information. The lawyers at our law firm provides free consultations on all issues relating to personal injury and accidents. Contact us at 613-315-4878.
Marc Quinn, Ottawa injury specialist, mediator, lawyer and lecturer.
What to do after a car accident in Ottawa - Injury Lawyer Explains.
What to do after being in a car accident?
There are a number of steps which you can take after a motor vehicle accident in order to protect yourself and your family. Here are 15 examples:
1. Make sure that anyone who is hurt in the cat accident receives proper medical care immediately.
2. Contact the local police department and report the accident.
3. Provide and exchange contact and insurance information with any other drivers or passengers that are involved in the motor vehicle collision.
4. Obtain the contact information of any witnesses.
5. Contact your insurance company within seven days and inform them that you have been involved in a car, regardless of who is at fault. Failing to report a motor vehicle accident within a reasonable period of time could result in your insurance company denying your claims. Provide as much detail of the accident as accurately as possible to your insurance company.
6. Take photographs of the scene of the accident.
7. Take photographs of any injuries sustained by you.
8. Take photographs of the damage to the motor vehicle.
9. Write down as much information as you can about what happened in the car accident. It may be difficult to recall later so it is always best to write down your recollection as soon as possible after the car accident.
10. Document any medical bills, expenses, time off work, and any other costs associated with the car accident.
11. Exercise extreme caution when discussing any facts relating to the car accident with anyone other than your accident and personal injury lawyer.
12. Do not provide anyone with any written statements, including your insurance company, without having your personal injury lawyer review it first.
13. Be extremely careful with early settlements and offers made by the insurance company.
14. Consult a personal injury lawyer as soon as possible after the accident.
15. Never sign any documents unless and until you consulted with a personal injury.
For any questions regarding your rights following a car accident, please contact any of our lawyers at 613-563-1131. At Quinn Thiele Mineault Grodzki LLP, we offer free consultations and charge no fees until we win your case.
Ottawa Car Accident Lawyers
There are a number of steps which you can take after a motor vehicle accident in order to protect yourself and your family. Here are 15 examples:
1. Make sure that anyone who is hurt in the cat accident receives proper medical care immediately.
2. Contact the local police department and report the accident.
3. Provide and exchange contact and insurance information with any other drivers or passengers that are involved in the motor vehicle collision.
4. Obtain the contact information of any witnesses.
5. Contact your insurance company within seven days and inform them that you have been involved in a car, regardless of who is at fault. Failing to report a motor vehicle accident within a reasonable period of time could result in your insurance company denying your claims. Provide as much detail of the accident as accurately as possible to your insurance company.
6. Take photographs of the scene of the accident.
7. Take photographs of any injuries sustained by you.
8. Take photographs of the damage to the motor vehicle.
9. Write down as much information as you can about what happened in the car accident. It may be difficult to recall later so it is always best to write down your recollection as soon as possible after the car accident.
10. Document any medical bills, expenses, time off work, and any other costs associated with the car accident.
11. Exercise extreme caution when discussing any facts relating to the car accident with anyone other than your accident and personal injury lawyer.
12. Do not provide anyone with any written statements, including your insurance company, without having your personal injury lawyer review it first.
13. Be extremely careful with early settlements and offers made by the insurance company.
14. Consult a personal injury lawyer as soon as possible after the accident.
15. Never sign any documents unless and until you consulted with a personal injury.
For any questions regarding your rights following a car accident, please contact any of our lawyers at 613-563-1131. At Quinn Thiele Mineault Grodzki LLP, we offer free consultations and charge no fees until we win your case.
Ottawa Car Accident Lawyers
Tuesday, January 10, 2012
Ottawa Disability Lawyers - Ontario Court of Appeal Upholds Judgment of Damages Against Insurer for Mental Distress
The Ontario Court of Appeal has sent a loud and clear messages to insurers and their adjusters on how to act reasonably in cases of injured persons seeking benefits. If an insurer denies benefits despite clear medical evidence of disability/injury, the Court will award damages to the disabled person above and beyond benefits.
This decision clarifies, in part, how minor injury claims will be handled. In the court judgment of McQueen v. Echelon General Insurance Co., the Ontario Court of Appeal refused to overturn an award of $25,000 for mental distress caused by the denial of benefits.
The case involved a plaintiff who had been in a motor vehicle accident in which she sustained injuries. Prior to the accident, she was already suffering from medical conditions such as bipolar disorder and back pain.
After the incident, the defendant insurer refused to pay for some of the benefits despite the medical evidence supporting an entitlement to benefits. The plaintiff sued seeking benefits and other damages including damages for bad faith and mental distress. She also sought aggravated damages and punitive damages.
The trial judge found that the mental distress warranted compensation. The Ontario Court of Appeal agreed and in its decision stated: “People purchase motor vehicle liability policies to protect themselves from financial and emotional stress and insecurity.
An object of such contracts is to secure a psychological benefit that brought the prospect of mental distress upon breach within the reasonable contemplation of the parties at the time the contract was made.
As an insured person entitled to call on the policy, Ms. McQueen was entitled to that peace of mind and to damages when she suffered mental distress on breach.”
If an insurance adjuster makes an arbitrary or unfair decision which is not supported by the medical evidence, damages can flow from that conduct in addition to the payment of benefits.
If you have an insurance claim regardless of how the claim arose, be it from a car accident, slip and fall, trip and fall, defective product or disability claim because of health or medical condition, please call us for a free consultation at 613-315-4878. Quinn Thiele Mineault Grodzki LLP, Ottawa Injury Lawyers - Ottawa Accident Lawyers - Downtown Ottawa Lawyers.
This decision clarifies, in part, how minor injury claims will be handled. In the court judgment of McQueen v. Echelon General Insurance Co., the Ontario Court of Appeal refused to overturn an award of $25,000 for mental distress caused by the denial of benefits.
The case involved a plaintiff who had been in a motor vehicle accident in which she sustained injuries. Prior to the accident, she was already suffering from medical conditions such as bipolar disorder and back pain.
After the incident, the defendant insurer refused to pay for some of the benefits despite the medical evidence supporting an entitlement to benefits. The plaintiff sued seeking benefits and other damages including damages for bad faith and mental distress. She also sought aggravated damages and punitive damages.
The trial judge found that the mental distress warranted compensation. The Ontario Court of Appeal agreed and in its decision stated: “People purchase motor vehicle liability policies to protect themselves from financial and emotional stress and insecurity.
An object of such contracts is to secure a psychological benefit that brought the prospect of mental distress upon breach within the reasonable contemplation of the parties at the time the contract was made.
As an insured person entitled to call on the policy, Ms. McQueen was entitled to that peace of mind and to damages when she suffered mental distress on breach.”
If an insurance adjuster makes an arbitrary or unfair decision which is not supported by the medical evidence, damages can flow from that conduct in addition to the payment of benefits.
If you have an insurance claim regardless of how the claim arose, be it from a car accident, slip and fall, trip and fall, defective product or disability claim because of health or medical condition, please call us for a free consultation at 613-315-4878. Quinn Thiele Mineault Grodzki LLP, Ottawa Injury Lawyers - Ottawa Accident Lawyers - Downtown Ottawa Lawyers.
Thursday, January 5, 2012
Reliable Ottawa Car Accident Lawyers - Experience Matters - Ottawa Injury Lawyers
Quinn Thiele Mineault Grodzki LLP, Ottawa personal injury law firm is one of the best injury law firms in Ontario. QTMG LLP has some of the best local personal injury lawyers to handle your car accident or injury case. Our law firm is completely focused on assisting injury victims and their families with their personal injury and disability claims. QTMG LLP is a law firm dedicated to the practice personal injury law. Our lawyers have extensive training and knowledge in personal injury law. Our lawyers have handled all types of personal injury and accident claims from the very minor injury cases to catastrophic injury claims. This is all we do.
At QTMG LLP, no injury case is too large for us to handle. We offer services to all injured persons and truly believe that all injured persons deserve the advice of a knowledgeable and experienced personal injury lawyer.
We handle all types of cases including but not limited to car accidents - motor vehicle accident cases, bicycle accident claims, motorcycle accident claims, slip and falls, trip and falls, soft tissue and bruising cases, spinal cord injuries, long term disability claims, AB claims, accident benefit claim, dog bite cases, dog attack cases and all other serious personal injury or accident claims.
We have a solid track record of negotiating successful settlements. Our lawyers are skilled in assessing each case on their own merits to maximize amounts of compensation. Our focus is on obtaining the best legal advice possible and the most compensation possible. We do everything we can to maximize the value of our clients' compensation, including but not limited to hiring experts in every field necessary to advance the case of our clients. We spend hundreds of thousands of dollars each year advancing our client's claims.
Some of our injury lawyers are former insurance lawyers and professionals who now only represent injury victims. We fight for injured persons, not for the large insurance companies. We try our best to settle cases without putting our clients through the stress of litigation; however, if we need to, we have no difficulty taking our client's cases to Court. Our lawyers are skilled advocates and litigators and use their skills in and out of Court every day.
Our lawyers believe in victims rights. They are passionate, caring, knowledgeable and experienced personal injury lawyers. They care about the success of all our clients' claims.
Our accident and injury lawyers have assisted countless personal injury and disability victims obtain millions of dollars in compensation and benefits.
If you want timely and reliable advice; if you want straight answers to your questions, call us for a free consultation. 613-315-4878 or 613-563-1131. Ottawa Ontario Accident and Injury Lawyers. Written by Marc Nicholas Quinn, Ottawa Injury Lawyer and Mediator.
At QTMG LLP, no injury case is too large for us to handle. We offer services to all injured persons and truly believe that all injured persons deserve the advice of a knowledgeable and experienced personal injury lawyer.
We handle all types of cases including but not limited to car accidents - motor vehicle accident cases, bicycle accident claims, motorcycle accident claims, slip and falls, trip and falls, soft tissue and bruising cases, spinal cord injuries, long term disability claims, AB claims, accident benefit claim, dog bite cases, dog attack cases and all other serious personal injury or accident claims.
We have a solid track record of negotiating successful settlements. Our lawyers are skilled in assessing each case on their own merits to maximize amounts of compensation. Our focus is on obtaining the best legal advice possible and the most compensation possible. We do everything we can to maximize the value of our clients' compensation, including but not limited to hiring experts in every field necessary to advance the case of our clients. We spend hundreds of thousands of dollars each year advancing our client's claims.
Some of our injury lawyers are former insurance lawyers and professionals who now only represent injury victims. We fight for injured persons, not for the large insurance companies. We try our best to settle cases without putting our clients through the stress of litigation; however, if we need to, we have no difficulty taking our client's cases to Court. Our lawyers are skilled advocates and litigators and use their skills in and out of Court every day.
Our lawyers believe in victims rights. They are passionate, caring, knowledgeable and experienced personal injury lawyers. They care about the success of all our clients' claims.
Our accident and injury lawyers have assisted countless personal injury and disability victims obtain millions of dollars in compensation and benefits.
If you want timely and reliable advice; if you want straight answers to your questions, call us for a free consultation. 613-315-4878 or 613-563-1131. Ottawa Ontario Accident and Injury Lawyers. Written by Marc Nicholas Quinn, Ottawa Injury Lawyer and Mediator.
Ottawa Winters and Car Accidents - Lawyers. Ottawa Winters and Falls. Ottawa Personal Injury Lawyers.
Ottawa Winters and Car Accidents. Ottawa Winters and Falls. Ottawa Personal Injury Lawyers.
Ottawa winters can often be harsh. Accidents inevitably will occur. Car accidents are more frequent in the winter season; it seems because of poor driving habits and bad weather conditions.
If you are injured in a car accident, slip and fall, trip and fall or by any other way, you should exercise your right to consult an Ottawa accident and personal injury lawyer to help you with your compensation claim. At QTMG Accident and Injury Lawyers, we can explain your rights to you, free of charge and deal with all aspects associated with seeking compensation, including going to Court if necessary.
After an accident, you should concentrate on getting better. Let QTMG Injury and Car Accident Lawyers deal with the legal aspects of the accident. We can deal with claiming compensation and negotiating a fair settlement which could include compensation for pain and suffering, reimbursement of expenses and compensation for the financial losses you may experience as a result of the injuries you sustained in any accident.
Our accident and injury lawyers are experienced in the handling of all aspects of accident claims. Don’t rely on the insurers and their representatives to protect your interests. They will not do so!
Our accident and injury lawyers have considerable experience and training handling all aspects of a personal injury and accident claim so that you can receive the most compensation possible. You need an experienced injury and accident injury lawyer to provide you with timely and sound legal advice following an accident. There are many pitfalls involved in handling an injury claim such as time lines to meet and notices to provide.
At QTMG Personal Injury and Accident Lawyers, we handle motor vehicle accident claims, car accidents, slip and fall claims, trip and fall claims, commercial injury claims, retain injury claims, private property claims and everything in between. Accident and Injury Law is all we do. We are experts at it.
The various steps needed to properly advance a claim for compensation are numerous and include: collection of evidence; obtaining witness statements, obtaining photographs and videotape evidence, retaining medical experts, retaining other experts such as actuarial experts and engineers, obtaining police reports, preparing formal notices, analyzing the issues of liability, legal research, negotiations, assessing damages etc...
Most personal injury cases will settle if your personal injury lawyer has experience. Most of the injury and accident cases we handle settle without going to Court, or settle shortly following commencing a court action.
For a free consultation, contact us at 613-315-4878. Marc-Nicholas Quinn is an experienced Ottawa injury and accident lawyer and mediator. He teaches law at post secondary education institutions in the Ottawa area and his practice is focused on the interests of victims of accidents. He has obtained millions in compensation for his clients. He is a founding partner of Quinn Thiele Mineault Grodzki LLP, Ottawa Injury Law Firm and the founder of the Ottawa Personal Injury lawyer Network, a network of lawyers of QTMG law dedicated to persons injured in accidents.
Ottawa winters can often be harsh. Accidents inevitably will occur. Car accidents are more frequent in the winter season; it seems because of poor driving habits and bad weather conditions.
If you are injured in a car accident, slip and fall, trip and fall or by any other way, you should exercise your right to consult an Ottawa accident and personal injury lawyer to help you with your compensation claim. At QTMG Accident and Injury Lawyers, we can explain your rights to you, free of charge and deal with all aspects associated with seeking compensation, including going to Court if necessary.
After an accident, you should concentrate on getting better. Let QTMG Injury and Car Accident Lawyers deal with the legal aspects of the accident. We can deal with claiming compensation and negotiating a fair settlement which could include compensation for pain and suffering, reimbursement of expenses and compensation for the financial losses you may experience as a result of the injuries you sustained in any accident.
Our accident and injury lawyers are experienced in the handling of all aspects of accident claims. Don’t rely on the insurers and their representatives to protect your interests. They will not do so!
Our accident and injury lawyers have considerable experience and training handling all aspects of a personal injury and accident claim so that you can receive the most compensation possible. You need an experienced injury and accident injury lawyer to provide you with timely and sound legal advice following an accident. There are many pitfalls involved in handling an injury claim such as time lines to meet and notices to provide.
At QTMG Personal Injury and Accident Lawyers, we handle motor vehicle accident claims, car accidents, slip and fall claims, trip and fall claims, commercial injury claims, retain injury claims, private property claims and everything in between. Accident and Injury Law is all we do. We are experts at it.
The various steps needed to properly advance a claim for compensation are numerous and include: collection of evidence; obtaining witness statements, obtaining photographs and videotape evidence, retaining medical experts, retaining other experts such as actuarial experts and engineers, obtaining police reports, preparing formal notices, analyzing the issues of liability, legal research, negotiations, assessing damages etc...
Most personal injury cases will settle if your personal injury lawyer has experience. Most of the injury and accident cases we handle settle without going to Court, or settle shortly following commencing a court action.
For a free consultation, contact us at 613-315-4878. Marc-Nicholas Quinn is an experienced Ottawa injury and accident lawyer and mediator. He teaches law at post secondary education institutions in the Ottawa area and his practice is focused on the interests of victims of accidents. He has obtained millions in compensation for his clients. He is a founding partner of Quinn Thiele Mineault Grodzki LLP, Ottawa Injury Law Firm and the founder of the Ottawa Personal Injury lawyer Network, a network of lawyers of QTMG law dedicated to persons injured in accidents.
Sunday, January 1, 2012
Car Accidents During the Holidays - Ottawa Car Accident Lawyers - No Fee Until You Win!
Car Accidents During the Holidays - Ottawa Car Accident Lawyers - No Fee Until You Win!
The holiday travel season is an exciting time. It can however be a dangerous time. The number of people injured in car accidents increases during the winter months. There is an increase in motorists on the roads during the Holidays.
At Quinn Thiele Mineault Grodzki LLP, Ottawa car accident and injury lawyers, we focus our practice on representing victims of Ottawa car accidents and auto accidents.
With more people travelling to stores, visit friends and family and attending functions and parties, there is more traffic and more drinking and driving. Also, the stresses of the holidays often bring out the worst in people and that increases road rage incidents. It also causes drivers to be negligent and cause accidents. Of course, bad weather conditions such as snow, rain, fog etc... also add to the increase chance of car accidents.
If the unthinkable happens and someone you love or care about is injured in a car accident, you need the assistance of an experienced car accident lawyer. At QTMG Car Accident Law Firm, we are experts in personal injury law cases.
We have obtained judgments and settlements exceeding $50 million dollars for our clients. We represent Ottawa car accident and personal injury clients throughout the greater Ottawa region and all over Ontario.
We offer free consultations and we work on a No Fee Until You Win Basis - no money down. We would be pleased to help. Call us at 613-315-4878. Marc-Nicholas Quinn, Ottawa Injury Lawyer - Ottawa Car Accident Lawyer.
The holiday travel season is an exciting time. It can however be a dangerous time. The number of people injured in car accidents increases during the winter months. There is an increase in motorists on the roads during the Holidays.
At Quinn Thiele Mineault Grodzki LLP, Ottawa car accident and injury lawyers, we focus our practice on representing victims of Ottawa car accidents and auto accidents.
With more people travelling to stores, visit friends and family and attending functions and parties, there is more traffic and more drinking and driving. Also, the stresses of the holidays often bring out the worst in people and that increases road rage incidents. It also causes drivers to be negligent and cause accidents. Of course, bad weather conditions such as snow, rain, fog etc... also add to the increase chance of car accidents.
If the unthinkable happens and someone you love or care about is injured in a car accident, you need the assistance of an experienced car accident lawyer. At QTMG Car Accident Law Firm, we are experts in personal injury law cases.
We have obtained judgments and settlements exceeding $50 million dollars for our clients. We represent Ottawa car accident and personal injury clients throughout the greater Ottawa region and all over Ontario.
We offer free consultations and we work on a No Fee Until You Win Basis - no money down. We would be pleased to help. Call us at 613-315-4878. Marc-Nicholas Quinn, Ottawa Injury Lawyer - Ottawa Car Accident Lawyer.
Sunday, December 11, 2011
Ottawa Social Host Liability Lawyers - Quinn Thiele Mineault Grodzki LLP - Can I be held liable when hosting a holiday party?
Ottawa Social Host Liability Lawyers - Quinn Thiele Mineault Grodzki LLP.
During the holiday season, people tend to socialize more and drink more alcohol. Unfortunately, there also tends to be more people drinking and driving. As a home owner (or tenant) hosting a holiday party or any other get together where alcohol is supplied , the question becomes whether there is exposure to liability if someone drinks at your home and then drives drunk. Can the home owner or host be held responsible should the drunk driver injure or kill someone. The answer in short is – absolutely yes. The area of law surrounding this issue is called social host liability. As an Ottawa personal injury law firm, we often receive calls from persons concerned about social host liability. The inquiries focus around the home owner wanting to host a party where alcohol will be served, what the responsibilities of a host are and what the risks are.
If you serve alcohol at your home, whether at a party or just a friendly gathering, there is always risk. The risk increases with knowledge and the amount of drinking involved. If you are aware that someone who attended your home has become intoxicated and is unable to drive, you arguably have a legal obligation to try and stop that person even if that involves calling 911. If the person becomes intoxicated at your home, drives and injures someone else, you can be held liable under the social host liability principles.
As Ottawa Accident Lawyers - Ottawa Social Host Liability Lawyers, we urge you to drink responsibly. If you drink, simply do not drive. If someone wants to drive drunk, safely stop them from driving. Planning is important. There are options: have a designated driver, take the bus, call a cab, call a friend, stay over night, call Operation Red Nose, call Responsible Choice.
For legal advice in personal injury issues, call us for a free consultation. Ottawa Social Host Lawyers, Ottawa Injury Lawyer. 613-563-1131.
During the holiday season, people tend to socialize more and drink more alcohol. Unfortunately, there also tends to be more people drinking and driving. As a home owner (or tenant) hosting a holiday party or any other get together where alcohol is supplied , the question becomes whether there is exposure to liability if someone drinks at your home and then drives drunk. Can the home owner or host be held responsible should the drunk driver injure or kill someone. The answer in short is – absolutely yes. The area of law surrounding this issue is called social host liability. As an Ottawa personal injury law firm, we often receive calls from persons concerned about social host liability. The inquiries focus around the home owner wanting to host a party where alcohol will be served, what the responsibilities of a host are and what the risks are.
If you serve alcohol at your home, whether at a party or just a friendly gathering, there is always risk. The risk increases with knowledge and the amount of drinking involved. If you are aware that someone who attended your home has become intoxicated and is unable to drive, you arguably have a legal obligation to try and stop that person even if that involves calling 911. If the person becomes intoxicated at your home, drives and injures someone else, you can be held liable under the social host liability principles.
As Ottawa Accident Lawyers - Ottawa Social Host Liability Lawyers, we urge you to drink responsibly. If you drink, simply do not drive. If someone wants to drive drunk, safely stop them from driving. Planning is important. There are options: have a designated driver, take the bus, call a cab, call a friend, stay over night, call Operation Red Nose, call Responsible Choice.
For legal advice in personal injury issues, call us for a free consultation. Ottawa Social Host Lawyers, Ottawa Injury Lawyer. 613-563-1131.
Friday, December 9, 2011
Winter Accidents and Personal Injury Claims - Ottawa Winter Injury Lawyers
Winter Accidents and Personal Injury Claims - Ottawa Winter Injury Lawyers
Winter can be a particularly perilous time, especially in locations where ice is likely to form. Snow and ice are very difficult to cope with at the best of times; however, this problem is made worse by poorly gritted, salted or managed areas.
All owners and occupiers of property, including private property owners, business owners, government property managers etc... have a duty to ensure their property is well managed and safe for use. Ice and snow must be removed or made safe. Winter injury claims can arise through a variety of circumstance - slip on ice - slip on snow - cat accidents and you could be entitled to compensation if you have slipped and injured yourself as a result of ice or snow that should have been properly dealt with by the property owner.
If you have slipped on ice or sustained an injury caused by snow and winter conditions that could have been avoided by a property owner, you may have a case to advance a claim for compensation. Call us at 613-563-1131 or 613-315-4878 for a free consultation. We accept injury cases on a no fee until you win basis. Ottawa Accident and Injury lawyers. Marc Quinn, injury lawyer.
Winter can be a particularly perilous time, especially in locations where ice is likely to form. Snow and ice are very difficult to cope with at the best of times; however, this problem is made worse by poorly gritted, salted or managed areas.
All owners and occupiers of property, including private property owners, business owners, government property managers etc... have a duty to ensure their property is well managed and safe for use. Ice and snow must be removed or made safe. Winter injury claims can arise through a variety of circumstance - slip on ice - slip on snow - cat accidents and you could be entitled to compensation if you have slipped and injured yourself as a result of ice or snow that should have been properly dealt with by the property owner.
If you have slipped on ice or sustained an injury caused by snow and winter conditions that could have been avoided by a property owner, you may have a case to advance a claim for compensation. Call us at 613-563-1131 or 613-315-4878 for a free consultation. We accept injury cases on a no fee until you win basis. Ottawa Accident and Injury lawyers. Marc Quinn, injury lawyer.
Saturday, November 19, 2011
Personal injury cases - seriously injured in a car accident or fall accident ? How to choose a personal injury lawyer? Tips!
Why you need a qualified personal injury lawyer. How to deal with insurance companies and adjusters after an accident.
If you are injured in any type of accident (car accident, slip and fall, trip and fall, dog bite or attack, assault or any other way) due to the negligence or carelessness of someone else, you could be entitled to compensation. Chances are, the person responsible for your injuries has liability or other insurance that will cover your damages and can pay compensation. They can pay medical expenses, rehabilitation expenses, out of pocket expenses, lost wages, business losses and pain and suffering damages.
In most cases, the insurance company involved is simply not going to simply pay without question or proof; they will investigate, review, assess and try to limit what they should pay, or worse, not pay at all. The reasons for either reducing coverage or not paying at all are often, but not always, unreasonable and without merit. Remember that insurance companies are businesses and their adjusters are charged with reducing compensation claims, not maximizing them. Often, injured persons and their families meet with adjusters and insurers without a lawyer believing that their rights and interests are protected. This is not so. Do not be fooled into thinking the insurers and adjusters (especially the opposing party's insurer or adjuster) are meeting with you to write you a check.
Insurance companies hire highly trained lawyers, adjusters and investigators whose role is, in part, to protect against fraudulent claims and protect the insurance company's money. Insurers will find ways to limit or deny liability. They rarely pay claims because they want to, they pay claims because they have to!
That is why you need to level the playing field, but hiring an experienced personal injury lawyer whose job it is to protect your rights and interests; a lawyer that will fight on your behalf and obtain a settlement for you that is fair in all the circumstances.
Not all lawyers are qualified to represent injured persons!
Personal injury is a highly specialized area of law. Lawyers who practice in the area of accident and injury law have chosen to practice law in a very difficult specialty within the legal profession. The knowledge, training, skills and ongoing education needed to adequately represent persons injured in accidents is significant. It requires special knowledge of specific laws, procedures and ancillary disciplines such as insurance principles and medical concepts. The demands on a personal injury lawyer are quite different than lawyers in general practice. Simply knowing the general principles of law is not enough for a personal injury lawyer to successfully represent persons injured in accidents. Accident and personal injury lawyers specializing in these types of cases are dedicated to protecting the interests of injured persons. They have developed crucial relationships with insurance industry representatives, defence lawyers and all types of medical and financial experts needed to succeed in a personal injury case.
Good personal injury lawyers know when to hire the experts! Great personal injury lawyers know which experts to hire!
When someone experiences injuries, they need the assistance of health care professionals. They also need the support of other professionals. Unable to work, incurring loss of income and expenses and debts mounting, social, financial and emotional stressors, injured and often on mediation, the judgment of injured persons can be impaired. They need guidance and sound legal advice. The initial trauma of the injuries is only the beginning for victims of accidents. The stressors as indicated above can become significant, overwhelming. It can become easy to simply accept an insurance company's low ball offer; to settle a case quickly for unfair compensation. A personal injury lawyer can assist with the stresses that arise from suffering personal injury. There are community resources available and in some cases even companies that will financially assist injured persons until they receive their settlement. These companies loan funds to support the injured person and their family so they can survive until fair and reasonable compensation is paid.
With the assistance of qualified medical and financial experts and experienced personal injury lawyer, an injure person is better equipped to makes informed decisions about their case and increase the chances of obtaining fair compensation.
At Quinn Thiele Mineault Grodzki LLP, Ontario personal injury lawyers, we are a group of accident and injury lawyers and legal professionals focused on helping victims of accidents. We fight for your rights. We are confident, patient, experienced and knowledgeable lawyers willing to take every reasonable step necessary to obtain fair compensation for you, and if the insurer or negligent party will not settle or will only offer unfair compensation, we will start a case in Court and, if necessary, bring the case to trial. We are prepared to fight for you and your family.
What are the types of things QTMG, Personal Injury Lawyers do to protect an injured person's interests ?
We appoint a team to every file. Every case we accept is handled by a senior injury lawyer, a junior injury lawyer and at least one other legal professional such as a law clerk or paralegal. We fully assess every aspect of the case. We keep our clients informed of their rights and of the progress of the steps taken to advance their case. We are accessible to our clients. We handle every step associated with dealing with insurance companies and their representatives. We provide informed, reliable and timely legal advice. We provide the insurance company with your legal positions and supporting documentation needed to advance your case. We either complete the documents for you or assist you with completing all the necessary paperwork needed to bring the case to settlement.
We do all we can to deal with the bureaucracy so our clients can focus on recovering from their injuries. We try to complete all these things as efficiently and quickly as possible.
In many cases, our clients require the assistance of experts. We connect our clients with qualified and experienced service providers needed to prove injuries, losses and damages. At QTMG Personal Injury Lawyers, we have longstanding positive relationships with a great variety of medical and financial professionals who are often needed to complete assessments and provide professional reports such as medical legal reports, future care cost assessments, vocational assessments, actuarial assessments and financial loss assessments. The experts we hire for you review the facts of the case from their discipline's perspective and make informed professional
recommendations in the interest of maximizing benefit to the accident victims, as appropriate in all the circumstances.
When our clients make decisions to settle, they do so without pressure, with sound legal advice and based on information and opinions of health care providers, our lawyers and other needed professionals. This allows our clients to make informed decisions and have satisfaction that they received the best legal service available.
Choosing the right doctors and health care professionals is crucial to succeeding in any serious personal injury case !
When you are injured, you need the assistance of health care providers such as physiotherapists, surgeons and doctors. Not all medical doctors are equipped to manage cases involving serious injuries such as those caused in serious falls or car accidents. Why not ? Because serious injuries raise issues beyond just medical issues. Health care providers need to consider legal issues and insurance issues. The health care providers, for instance, need to consider which treatments are covered through OHIP and which are covered through private insurance policies so as to provide the best possible treatment.
Health care providers need to know how to manage health care claims, how to complete forms and how to assist with submitting claims for patients. They also need to know how to work with other health care providers and, just as vital, how to work with lawyers. Most importantly, health care providers must know how to clearly document the injuries, the symptoms experienced and the treatment provided to the injured persons they treat. A health care provider who does not wish to cooperate with an injured's person's personal injury lawyer is causing detriment to any personal injury case and is acting contrary to their patient's best interests.
One of the most important aspects of the lawyer and doctor relationship is cooperation so that when a personal injury lawyer seeks to prove the injuries, symptoms experienced and treatment provided to their clients, the doctor can provide, with guidance with the lawyer, a useful medical report that adequately summarizes the client's medical information. These are called medical-legal reports and contain the opinions of the health care provider that will be considered, if necessary, by a trial Justice. It takes experience to properly write such medical legal reports.
In many cases, insurance companies deny legitimate claims based on a lack of medical documentation. They do so as a means to control insurance costs and to ensure that legitimate claims are paid and the fraudulent ones are shut down.
This article briefly discusses the various complex issues that arise in most serious personal injury cases. In the context of personal injury law, experience, knowledge and relationships are everything. The lawyers at Quinn Thiele Mineault Grodzki LLP offer the skills and experience needed to maximize recovery for our clients. We practice personal injury law, that's all we do. We are experts at it. Call us for a free consultation and see how a no fee until you win agreement can provide you with access to justice and compensation. By: Marc Quinn, Personal injury lawyer, mediator and lecturer. 613-315-4878 or 613-563-1131.
If you are injured in any type of accident (car accident, slip and fall, trip and fall, dog bite or attack, assault or any other way) due to the negligence or carelessness of someone else, you could be entitled to compensation. Chances are, the person responsible for your injuries has liability or other insurance that will cover your damages and can pay compensation. They can pay medical expenses, rehabilitation expenses, out of pocket expenses, lost wages, business losses and pain and suffering damages.
In most cases, the insurance company involved is simply not going to simply pay without question or proof; they will investigate, review, assess and try to limit what they should pay, or worse, not pay at all. The reasons for either reducing coverage or not paying at all are often, but not always, unreasonable and without merit. Remember that insurance companies are businesses and their adjusters are charged with reducing compensation claims, not maximizing them. Often, injured persons and their families meet with adjusters and insurers without a lawyer believing that their rights and interests are protected. This is not so. Do not be fooled into thinking the insurers and adjusters (especially the opposing party's insurer or adjuster) are meeting with you to write you a check.
Insurance companies hire highly trained lawyers, adjusters and investigators whose role is, in part, to protect against fraudulent claims and protect the insurance company's money. Insurers will find ways to limit or deny liability. They rarely pay claims because they want to, they pay claims because they have to!
That is why you need to level the playing field, but hiring an experienced personal injury lawyer whose job it is to protect your rights and interests; a lawyer that will fight on your behalf and obtain a settlement for you that is fair in all the circumstances.
Not all lawyers are qualified to represent injured persons!
Personal injury is a highly specialized area of law. Lawyers who practice in the area of accident and injury law have chosen to practice law in a very difficult specialty within the legal profession. The knowledge, training, skills and ongoing education needed to adequately represent persons injured in accidents is significant. It requires special knowledge of specific laws, procedures and ancillary disciplines such as insurance principles and medical concepts. The demands on a personal injury lawyer are quite different than lawyers in general practice. Simply knowing the general principles of law is not enough for a personal injury lawyer to successfully represent persons injured in accidents. Accident and personal injury lawyers specializing in these types of cases are dedicated to protecting the interests of injured persons. They have developed crucial relationships with insurance industry representatives, defence lawyers and all types of medical and financial experts needed to succeed in a personal injury case.
Good personal injury lawyers know when to hire the experts! Great personal injury lawyers know which experts to hire!
When someone experiences injuries, they need the assistance of health care professionals. They also need the support of other professionals. Unable to work, incurring loss of income and expenses and debts mounting, social, financial and emotional stressors, injured and often on mediation, the judgment of injured persons can be impaired. They need guidance and sound legal advice. The initial trauma of the injuries is only the beginning for victims of accidents. The stressors as indicated above can become significant, overwhelming. It can become easy to simply accept an insurance company's low ball offer; to settle a case quickly for unfair compensation. A personal injury lawyer can assist with the stresses that arise from suffering personal injury. There are community resources available and in some cases even companies that will financially assist injured persons until they receive their settlement. These companies loan funds to support the injured person and their family so they can survive until fair and reasonable compensation is paid.
With the assistance of qualified medical and financial experts and experienced personal injury lawyer, an injure person is better equipped to makes informed decisions about their case and increase the chances of obtaining fair compensation.
At Quinn Thiele Mineault Grodzki LLP, Ontario personal injury lawyers, we are a group of accident and injury lawyers and legal professionals focused on helping victims of accidents. We fight for your rights. We are confident, patient, experienced and knowledgeable lawyers willing to take every reasonable step necessary to obtain fair compensation for you, and if the insurer or negligent party will not settle or will only offer unfair compensation, we will start a case in Court and, if necessary, bring the case to trial. We are prepared to fight for you and your family.
What are the types of things QTMG, Personal Injury Lawyers do to protect an injured person's interests ?
We appoint a team to every file. Every case we accept is handled by a senior injury lawyer, a junior injury lawyer and at least one other legal professional such as a law clerk or paralegal. We fully assess every aspect of the case. We keep our clients informed of their rights and of the progress of the steps taken to advance their case. We are accessible to our clients. We handle every step associated with dealing with insurance companies and their representatives. We provide informed, reliable and timely legal advice. We provide the insurance company with your legal positions and supporting documentation needed to advance your case. We either complete the documents for you or assist you with completing all the necessary paperwork needed to bring the case to settlement.
We do all we can to deal with the bureaucracy so our clients can focus on recovering from their injuries. We try to complete all these things as efficiently and quickly as possible.
In many cases, our clients require the assistance of experts. We connect our clients with qualified and experienced service providers needed to prove injuries, losses and damages. At QTMG Personal Injury Lawyers, we have longstanding positive relationships with a great variety of medical and financial professionals who are often needed to complete assessments and provide professional reports such as medical legal reports, future care cost assessments, vocational assessments, actuarial assessments and financial loss assessments. The experts we hire for you review the facts of the case from their discipline's perspective and make informed professional
recommendations in the interest of maximizing benefit to the accident victims, as appropriate in all the circumstances.
When our clients make decisions to settle, they do so without pressure, with sound legal advice and based on information and opinions of health care providers, our lawyers and other needed professionals. This allows our clients to make informed decisions and have satisfaction that they received the best legal service available.
Choosing the right doctors and health care professionals is crucial to succeeding in any serious personal injury case !
When you are injured, you need the assistance of health care providers such as physiotherapists, surgeons and doctors. Not all medical doctors are equipped to manage cases involving serious injuries such as those caused in serious falls or car accidents. Why not ? Because serious injuries raise issues beyond just medical issues. Health care providers need to consider legal issues and insurance issues. The health care providers, for instance, need to consider which treatments are covered through OHIP and which are covered through private insurance policies so as to provide the best possible treatment.
Health care providers need to know how to manage health care claims, how to complete forms and how to assist with submitting claims for patients. They also need to know how to work with other health care providers and, just as vital, how to work with lawyers. Most importantly, health care providers must know how to clearly document the injuries, the symptoms experienced and the treatment provided to the injured persons they treat. A health care provider who does not wish to cooperate with an injured's person's personal injury lawyer is causing detriment to any personal injury case and is acting contrary to their patient's best interests.
One of the most important aspects of the lawyer and doctor relationship is cooperation so that when a personal injury lawyer seeks to prove the injuries, symptoms experienced and treatment provided to their clients, the doctor can provide, with guidance with the lawyer, a useful medical report that adequately summarizes the client's medical information. These are called medical-legal reports and contain the opinions of the health care provider that will be considered, if necessary, by a trial Justice. It takes experience to properly write such medical legal reports.
In many cases, insurance companies deny legitimate claims based on a lack of medical documentation. They do so as a means to control insurance costs and to ensure that legitimate claims are paid and the fraudulent ones are shut down.
This article briefly discusses the various complex issues that arise in most serious personal injury cases. In the context of personal injury law, experience, knowledge and relationships are everything. The lawyers at Quinn Thiele Mineault Grodzki LLP offer the skills and experience needed to maximize recovery for our clients. We practice personal injury law, that's all we do. We are experts at it. Call us for a free consultation and see how a no fee until you win agreement can provide you with access to justice and compensation. By: Marc Quinn, Personal injury lawyer, mediator and lecturer. 613-315-4878 or 613-563-1131.
Act now, don't lose your right to sue! Time is of the essence!
ACT NOW - DO NOT LOSE YOUR RIGHT TO SUE!
When it comes to personal injury and your right to sue and obtain compensation, time is of the essence. There are time limits by which notices must be delivered and court actions must be issued to preserve your right to sue and obtain compensation. Depending on your case, you may have as little as ten days to deliver notice of your claim and as long as two years to start a personal injury action. Notices to provide and commencement of court actions depends entirely on the circumstances of the case. It is important to act quickly. Contact us to find out how to protect your rights and interests and get started with your personal injury claim.
At our Ottawa personal injury and accident law firm, our lawyers are specialized in personal injury law and work with knowledgeable and experienced top Ontario health care professionals to fully assess your injuries so that you receive all necessary medical care and assessments needed to support your claims. Our injury lawyers will determine what limitation periods apply to your case and guide you through the complex legal process, from the very beginning to the end when you receive compensation or a favorable judgment at trial. Whether it’s filing a claim with an insurance company, dealing with insurance adjusters, negotiating with insurance lawyers or suing the persons responsible for your injuries, we will ensure you receive reliable legal advice and representation and support you through your case and every step to a successful settlement.
Quinn Thiele Mineault Grodzki LLP, Ottawa Personal Injury Lawyer. Marc Quinn, Lawyer and Mediator - 613-315-4878 or 613-563-1131. Car accidents, slip and falls, trip and falls, dog bites or attacks, assaults, all types of accident and injury cases!
When it comes to personal injury and your right to sue and obtain compensation, time is of the essence. There are time limits by which notices must be delivered and court actions must be issued to preserve your right to sue and obtain compensation. Depending on your case, you may have as little as ten days to deliver notice of your claim and as long as two years to start a personal injury action. Notices to provide and commencement of court actions depends entirely on the circumstances of the case. It is important to act quickly. Contact us to find out how to protect your rights and interests and get started with your personal injury claim.
At our Ottawa personal injury and accident law firm, our lawyers are specialized in personal injury law and work with knowledgeable and experienced top Ontario health care professionals to fully assess your injuries so that you receive all necessary medical care and assessments needed to support your claims. Our injury lawyers will determine what limitation periods apply to your case and guide you through the complex legal process, from the very beginning to the end when you receive compensation or a favorable judgment at trial. Whether it’s filing a claim with an insurance company, dealing with insurance adjusters, negotiating with insurance lawyers or suing the persons responsible for your injuries, we will ensure you receive reliable legal advice and representation and support you through your case and every step to a successful settlement.
Quinn Thiele Mineault Grodzki LLP, Ottawa Personal Injury Lawyer. Marc Quinn, Lawyer and Mediator - 613-315-4878 or 613-563-1131. Car accidents, slip and falls, trip and falls, dog bites or attacks, assaults, all types of accident and injury cases!
Wednesday, November 16, 2011
Serious Injuries - Serious Lawyers
Serious Lawyers for Serious Injuries - Experience is Everything!
Serious and catastrophic personal injury results from the negligence, recklessness, or in some cases, intentional actions or inactions of others. When faced with a serious or catastrophic personal injury, the great majority of injured persons simply do not have the knowledge, ability or resources to understand or navigate through the complexities of personal injury law and our legal system. After a catastrophic injury, the need for competent legal counsel is immediate! Our personal injury and accident lawyers offer immediate, professional, experienced and knowledgeable legal advice in respect of all aspects of a personal injury matter.
The Ottawa Personal Injury law firm of Quinn Thiele Mineault Grodzki LLP, is comprised of lawyers and professionals dedicated to representing the interests of injured persons with the goal of obtaining maximum compensation, no matter what the challenge. We do whatever it takes to successfully bring a our client's cases to a positive resolution.
Our lawyers are not easily intimidated. Our lawyers are very comfortable in the courtroom and will litigate any case if necessary, but we are trained to successfully resolve cases without our clients ever having to step foot into a court room. Simply put, we settle cases. We achieve this by taking every step necessary to convince the person responsible for our client's injuries that their defense will fail and compensation should be paid. In other words, the last thing they want is to face us in Court!
No matt how the injury was sustained ( motor vehicle accident, trip or slip and fall, assault etc... ), our personal injury lawyers handle all types of cases involving traumatic brain injury, spinal cord injury, catastrophic personal injuries, serious personal injuries, and wrongful death. Our law firm maintains an outstanding reputation and has achieved remarkable results for its clients.
Our lawyers are always willing to proceed with your case in Court where offers of settlement are inadequate. While the decision to settle or litigate is always the decision of the client, where inadequate offers of settlement arise, our lawyers stand ready, willing, and able to take our clients' cases to Court.
If you have been seriously injured, you deserve to know all of your rights and legal options. Our law firm assigns a team of lawyers and legal professionals to the file and our lawyers complete a thorough assessment of each case, they investigate the facts, research the latest developments in the law, apply their legal training and experience, consult with each other, consult experts such as medical and financial specialists and then advise you of your rights, interests and legal alternatives. Our lawyers recognize that all cases are different and our injury lawyers take every step to obtain the best results for each of our clients, tailor made to their specific facts and needs.
If you are looking for lawyers that win cases, call us for a free consultation. We handle cases on a no fee until you win basis. If you don't get compensation, we don't get paid! Call us at 613-315-4878 or 613-563-1131. Ottawa, Ontario injury and accident lawyers.
Serious and catastrophic personal injury results from the negligence, recklessness, or in some cases, intentional actions or inactions of others. When faced with a serious or catastrophic personal injury, the great majority of injured persons simply do not have the knowledge, ability or resources to understand or navigate through the complexities of personal injury law and our legal system. After a catastrophic injury, the need for competent legal counsel is immediate! Our personal injury and accident lawyers offer immediate, professional, experienced and knowledgeable legal advice in respect of all aspects of a personal injury matter.
The Ottawa Personal Injury law firm of Quinn Thiele Mineault Grodzki LLP, is comprised of lawyers and professionals dedicated to representing the interests of injured persons with the goal of obtaining maximum compensation, no matter what the challenge. We do whatever it takes to successfully bring a our client's cases to a positive resolution.
Our lawyers are not easily intimidated. Our lawyers are very comfortable in the courtroom and will litigate any case if necessary, but we are trained to successfully resolve cases without our clients ever having to step foot into a court room. Simply put, we settle cases. We achieve this by taking every step necessary to convince the person responsible for our client's injuries that their defense will fail and compensation should be paid. In other words, the last thing they want is to face us in Court!
No matt how the injury was sustained ( motor vehicle accident, trip or slip and fall, assault etc... ), our personal injury lawyers handle all types of cases involving traumatic brain injury, spinal cord injury, catastrophic personal injuries, serious personal injuries, and wrongful death. Our law firm maintains an outstanding reputation and has achieved remarkable results for its clients.
Our lawyers are always willing to proceed with your case in Court where offers of settlement are inadequate. While the decision to settle or litigate is always the decision of the client, where inadequate offers of settlement arise, our lawyers stand ready, willing, and able to take our clients' cases to Court.
If you have been seriously injured, you deserve to know all of your rights and legal options. Our law firm assigns a team of lawyers and legal professionals to the file and our lawyers complete a thorough assessment of each case, they investigate the facts, research the latest developments in the law, apply their legal training and experience, consult with each other, consult experts such as medical and financial specialists and then advise you of your rights, interests and legal alternatives. Our lawyers recognize that all cases are different and our injury lawyers take every step to obtain the best results for each of our clients, tailor made to their specific facts and needs.
If you are looking for lawyers that win cases, call us for a free consultation. We handle cases on a no fee until you win basis. If you don't get compensation, we don't get paid! Call us at 613-315-4878 or 613-563-1131. Ottawa, Ontario injury and accident lawyers.
I slipped and fell in a store? Can I get compensation? I tripped and fell in a store. Can I get damages?
Were you hurt or injured on someone else's property? Did you trip or slip and fall because of a dangerous property, poor lighting, lack of a railing where there should have been one, slippery or uneven surface? If so, you have the right to claim compensation!
Slip and Falls - Trip and Falls - Stores
The owner of a property is liable for injuries that result from failure to reasonably maintain their property. There are laws in Ontario to protect persons injured because of someone's negligence or carelessness.
Many people slip or trip and fall in stores because store owners do not have established reasonable maintenance routines or procedures or they fail to adhere to a reasonable maintenance routine or procedure. You have the right as a customer to be safe when walking in stores. If you accidentally slip or trip on someone else's property and are injured, and the owner was negligent, you deserve compensation for such items as medical and other expenses, pain and suffering, and lost wages while off work.
What Makes a Store or Property Dangerous?
Whether or not the owner is liable for the damages you suffered depends on whether they took reasonable steps to avoid accidents and keep their property safe.
Many circumstances of a property can be relevant to making it dangerous. They include slippery floors, uneven floors, items in aisles, dangerous displays, poor lighting, no lighting, no railings, improper railings, unsafe or narrow stairs, falling objects, icy surfaces and potholes. Hotels, motels, malls, corner stores, municipal property, retail stores, bars, restaurants and an other type of businesses must keep their property safe and free of dangerous conditions.
What Duties Does a Store Owner Have?
All store owners must exercise reasonable care to see that the inside of the store and the outside of the store are reasonably safe for users. If there are dangers on the property, the owner must either remove the danger or warn customers of dangers or hidden dangers to protect customers from injury. An owner has a legal obligation to guard against hazardous conditions. If there is anything about the property which makes it dangerous and can cause injuries, the owner must take steps to deal with the danger, otherwise, if he does not, he is negligent.
How to Show the Store Owner was Negligent?
The following may suggest the store owner was negligent:
The store owner knew, or should he have known, about the dangerous condition.
The dangerous condition existed for a while.
The store owner did not regularly inspect the store for dangers.
There was inadequate maintenance performed.
There existed a long time between the creation of the hazard and the fall accident.
In slippery surface cases, there is evidence that the substance that caused the fall was on the floor for a long time, such as being dried, sticky, full of shopping cart tracks, and so on.
The store owner took no steps or inadequate steps to protect the injured person.
The injured person acted unreasonably and caused their own injuries.
Should I Contact a Lawyer if I Have Been Injured in a Store?
If you have been hurt or injured during a visit to any store and want to assess the strengths of your claim, you need to consult a personal injury lawyer. An experienced personal injury lawyer can provide invaluable assistance, investigate your injury and your claim and obtain fair compensation for you.
Who Should I Contact?
At Quinn Thiele Mineault Grodzki LLP, we specialize in personal injury cases. We offer free consultations and no fee until you win arrangements. Call us for a free case analysis at 613-315-4878 or 613-563-1131. Marc Quinn, Ottawa injury lawyer.
Slip and Falls - Trip and Falls - Stores
The owner of a property is liable for injuries that result from failure to reasonably maintain their property. There are laws in Ontario to protect persons injured because of someone's negligence or carelessness.
Many people slip or trip and fall in stores because store owners do not have established reasonable maintenance routines or procedures or they fail to adhere to a reasonable maintenance routine or procedure. You have the right as a customer to be safe when walking in stores. If you accidentally slip or trip on someone else's property and are injured, and the owner was negligent, you deserve compensation for such items as medical and other expenses, pain and suffering, and lost wages while off work.
What Makes a Store or Property Dangerous?
Whether or not the owner is liable for the damages you suffered depends on whether they took reasonable steps to avoid accidents and keep their property safe.
Many circumstances of a property can be relevant to making it dangerous. They include slippery floors, uneven floors, items in aisles, dangerous displays, poor lighting, no lighting, no railings, improper railings, unsafe or narrow stairs, falling objects, icy surfaces and potholes. Hotels, motels, malls, corner stores, municipal property, retail stores, bars, restaurants and an other type of businesses must keep their property safe and free of dangerous conditions.
What Duties Does a Store Owner Have?
All store owners must exercise reasonable care to see that the inside of the store and the outside of the store are reasonably safe for users. If there are dangers on the property, the owner must either remove the danger or warn customers of dangers or hidden dangers to protect customers from injury. An owner has a legal obligation to guard against hazardous conditions. If there is anything about the property which makes it dangerous and can cause injuries, the owner must take steps to deal with the danger, otherwise, if he does not, he is negligent.
How to Show the Store Owner was Negligent?
The following may suggest the store owner was negligent:
The store owner knew, or should he have known, about the dangerous condition.
The dangerous condition existed for a while.
The store owner did not regularly inspect the store for dangers.
There was inadequate maintenance performed.
There existed a long time between the creation of the hazard and the fall accident.
In slippery surface cases, there is evidence that the substance that caused the fall was on the floor for a long time, such as being dried, sticky, full of shopping cart tracks, and so on.
The store owner took no steps or inadequate steps to protect the injured person.
The injured person acted unreasonably and caused their own injuries.
Should I Contact a Lawyer if I Have Been Injured in a Store?
If you have been hurt or injured during a visit to any store and want to assess the strengths of your claim, you need to consult a personal injury lawyer. An experienced personal injury lawyer can provide invaluable assistance, investigate your injury and your claim and obtain fair compensation for you.
Who Should I Contact?
At Quinn Thiele Mineault Grodzki LLP, we specialize in personal injury cases. We offer free consultations and no fee until you win arrangements. Call us for a free case analysis at 613-315-4878 or 613-563-1131. Marc Quinn, Ottawa injury lawyer.
Saturday, November 12, 2011
Involved in an MVA accident? We specialize in motor vehicle accidents. Free legal advice 613-315-HURT
Involved in a Car Accident? Ottawa Car Accident Lawyers provide free legal advice and no fee until you settle arrangements
Ottawa CAR Accident and Injury Lawyers Network is a law firm specializing in the practice of personal injury law and in assisting victims of accidents and their families.
Our law firm is committed to providing expert legal services to people who have been injured or suffered the loss of a loved one, as a result of any accident such as a car accident, slip and fall accident, trip and fall accident or any other negligent act of any type.
We know the weather conditions during the winter months can be very unforgiving. Car accidents are common and often difficult to avoid in inclement weather. Add a negligent or careless driver and the chances of being in an accident increase. With winter being just around the corner, risk of being involved in a car accident in Ontario are likely to increase.
If you or a loved one have been hurt in a car accident due to the negligence of another driver and have questions concerning compensation, you need to contact one of our lawyers who specialize in car accident and injury law. Consultations with us are free!
The lawyers at our injury law firm have successfully represented clients who have suffered all types of injuries including brain damage, spinal cord injuries, chronic pain injuries, orthopaedic injuries, psychiatric injuries and all types of other minor, significant and serious injuries. We also represent victims of insurance bullying, insurance denials such as in disability or benefit claims.
Our lawyers are experienced in litigation, settlement negotiations, mediation, arbitration and other associated litigation services. Its no secret! With the assistance of experienced personal injury lawyers who have dedicated their work to personal injury issues, you greatly increases your chances of succeeding in your claim and in obtaining compensation you rightly deserve. The quality of your injury lawyer can directly impact the amount of compensation you receive. We are often consulted by clients who hired lawyers who are not experienced injury or accident lawyers, and who have obtained low or improvident settlements. In most cases, settlements are final and cannot be re opened. Experience matters.
Our accident lawyers use their experience, training, expertise and relationships with insurers, Adjusters and defense lawyers to maximize settlements and awards for damages and benefits owed to our clients. Regardless of the type of accident or injury, we obtain compensation for our clients. We obtain large settlements. Every type of compensation is investigated and advanced.
In motor vehicle accident claims or car accident claims, we offer our clients a full range of services including the handling of accident benefits claims and advancement of tort claims (claims against the other drivers for compensation).
In order to protect your entitlement to accident benefits, there are certain steps that you can take to protect your interests. We can assist you with such things as notifying your insurance company immediately after the accident, or in the event you do not have an insurance company, notifying the insurance company of the other vehicle(s) involved in the accident; completing application for accident benefits including all necessary forms to substantiate your losses, claims and injuries; obtaining medical reports; obtaining medical evaluations; retaining experts to quantify losses such as actuaries, future care service providers and accountants; dealing with the insurance companies; obtaining witness statements; meeting with the insurance Adjusters and reviewing statements; negotiating settlements; and if necessary, commencing court actions to preserve your rights and obtain fair compensation.
With respect to accident benefits, we assist our clients in obtaining income benefits, caregiver expenses, medical expenses, attendant care services, medical and rehabilitation expenses, death and funeral allowances, etc...
Call us at 613-315-4878 or 613-563-1131 for free legal advice. Know your rights! Marc N. Quinn, Ottawa car accident and injury lawyer. Marc works as a personal injury lawyer, is managing partner of the law firm Quinn Thiele Mineault Grodzki LLP, lectures in various post secondary educational institutions in the Ottawa area and frequently writes articles about injury law and compensation.
Ottawa CAR Accident and Injury Lawyers Network is a law firm specializing in the practice of personal injury law and in assisting victims of accidents and their families.
Our law firm is committed to providing expert legal services to people who have been injured or suffered the loss of a loved one, as a result of any accident such as a car accident, slip and fall accident, trip and fall accident or any other negligent act of any type.
We know the weather conditions during the winter months can be very unforgiving. Car accidents are common and often difficult to avoid in inclement weather. Add a negligent or careless driver and the chances of being in an accident increase. With winter being just around the corner, risk of being involved in a car accident in Ontario are likely to increase.
If you or a loved one have been hurt in a car accident due to the negligence of another driver and have questions concerning compensation, you need to contact one of our lawyers who specialize in car accident and injury law. Consultations with us are free!
The lawyers at our injury law firm have successfully represented clients who have suffered all types of injuries including brain damage, spinal cord injuries, chronic pain injuries, orthopaedic injuries, psychiatric injuries and all types of other minor, significant and serious injuries. We also represent victims of insurance bullying, insurance denials such as in disability or benefit claims.
Our lawyers are experienced in litigation, settlement negotiations, mediation, arbitration and other associated litigation services. Its no secret! With the assistance of experienced personal injury lawyers who have dedicated their work to personal injury issues, you greatly increases your chances of succeeding in your claim and in obtaining compensation you rightly deserve. The quality of your injury lawyer can directly impact the amount of compensation you receive. We are often consulted by clients who hired lawyers who are not experienced injury or accident lawyers, and who have obtained low or improvident settlements. In most cases, settlements are final and cannot be re opened. Experience matters.
Our accident lawyers use their experience, training, expertise and relationships with insurers, Adjusters and defense lawyers to maximize settlements and awards for damages and benefits owed to our clients. Regardless of the type of accident or injury, we obtain compensation for our clients. We obtain large settlements. Every type of compensation is investigated and advanced.
In motor vehicle accident claims or car accident claims, we offer our clients a full range of services including the handling of accident benefits claims and advancement of tort claims (claims against the other drivers for compensation).
In order to protect your entitlement to accident benefits, there are certain steps that you can take to protect your interests. We can assist you with such things as notifying your insurance company immediately after the accident, or in the event you do not have an insurance company, notifying the insurance company of the other vehicle(s) involved in the accident; completing application for accident benefits including all necessary forms to substantiate your losses, claims and injuries; obtaining medical reports; obtaining medical evaluations; retaining experts to quantify losses such as actuaries, future care service providers and accountants; dealing with the insurance companies; obtaining witness statements; meeting with the insurance Adjusters and reviewing statements; negotiating settlements; and if necessary, commencing court actions to preserve your rights and obtain fair compensation.
With respect to accident benefits, we assist our clients in obtaining income benefits, caregiver expenses, medical expenses, attendant care services, medical and rehabilitation expenses, death and funeral allowances, etc...
Call us at 613-315-4878 or 613-563-1131 for free legal advice. Know your rights! Marc N. Quinn, Ottawa car accident and injury lawyer. Marc works as a personal injury lawyer, is managing partner of the law firm Quinn Thiele Mineault Grodzki LLP, lectures in various post secondary educational institutions in the Ottawa area and frequently writes articles about injury law and compensation.
Involved in a car accident? Free legal advice from an Ottawa car accident lawyer!
Involved in a Car Accident? Ottawa Car Accident Lawyers provide free legal advice and no fee until you settle arrangements
Ottawa CR Accident and Injury Lawyers Network is a law firm specializing in the practice of personal injury law and in assisting victims of accidents and their families.
Our law firm is committed to providing expert legal services to people who have been injured or suffered the loss of a loved one, as a result of any accident such as a car accident, slip and fall accident, trip and fall accident or any other negligent act of any type.
We know the weather conditions during the winter months can be very unforgiving. Car accidents are common and often difficult to avoid in inclement weather. Add a negligent or careless driver and the chances of being in an accident increase. With winter being just around the corner, risk of being involved in a car accident in Ontario are likely to increase.
If you or a loved one have been hurt in a car accident due to the negligence of another driver and have questions concerning compensation, you need to contact one of our lawyers who specialize in car accident and injury law. Consultations with us are free!
The lawyers at our injury law firm have successfully represented clients who have suffered all types of injuries including brain damage, spinal cord injuries, chronic pain injuries, orthopaedic injuries, psychiatric injuries and all types of other minor, significant and serious injuries. We also represent victims of insurance bullying, insurance denials such as in disability or benefit claims.
Our lawyers are experienced in litigation, settlement negotiations, mediation, arbitration and other associated litigation services. Its no secret! With the assistance of experienced personal injury lawyers who have dedicated their work to personal injury issues, you greatly increases your chances of succeeding in your claim and in obtaining compensation you rightly deserve. The quality of your injury lawyer can directly impact the amount of compensation you receive. We are often consulted by clients who hired lawyers who are not experienced injury or accident lawyers, and who have obtained low or improvident settlements. In most cases, settlements are final and cannot be re opened. Experience matters.
Our accident lawyers use their experience, training, expertise and relationships with insurers, Adjusters and defense lawyers to maximize settlements and awards for damages and benefits owed to our clients. Regardless of the type of accident or injury, we obtain compensation for our clients. We obtain large settlements. Every type of compensation is investigated and advanced.
In motor vehicle accident claims or car accident claims, we offer our clients a full range of services including the handling of accident benefits claims and advancement of tort claims (claims against the other drivers for compensation).
In order to protect your entitlement to accident benefits, there are certain steps that you can take to protect your interests. We can assist you with such things as notifying your insurance company immediately after the accident, or in the event you do not have an insurance company, notifying the insurance company of the other vehicle(s) involved in the accident; completing application for accident benefits including all necessary forms to substantiate your losses, claims and injuries; obtaining medical reports; obtaining medical evaluations; retaining experts to quantify losses such as actuaries, future care service providers and accountants; dealing with the insurance companies; obtaining witness statements; meeting with the insurance Adjusters and reviewing statements; negotiating settlements; and if necessary, commencing court actions to preserve your rights and obtain fair compensation.
With respect to accident benefits, we assist our clients in obtaining income benefits, caregiver expenses, medical expenses, attendant care services, medical and rehabilitation expenses, death and funeral allowances, etc...
Call us at 613-315-4878 or 613-563-1131 for free legal advice. Know your rights! Marc N. Quinn, Ottawa car accident and injury lawyer. Marc works as a personal injury lawyer, is managing partner of the law firm Quinn Thiele Mineault Grodzki LLP, lectures in various post secondary educational institutions in the Ottawa area and frequently writes articles about injury law and compensation.
Ottawa CR Accident and Injury Lawyers Network is a law firm specializing in the practice of personal injury law and in assisting victims of accidents and their families.
Our law firm is committed to providing expert legal services to people who have been injured or suffered the loss of a loved one, as a result of any accident such as a car accident, slip and fall accident, trip and fall accident or any other negligent act of any type.
We know the weather conditions during the winter months can be very unforgiving. Car accidents are common and often difficult to avoid in inclement weather. Add a negligent or careless driver and the chances of being in an accident increase. With winter being just around the corner, risk of being involved in a car accident in Ontario are likely to increase.
If you or a loved one have been hurt in a car accident due to the negligence of another driver and have questions concerning compensation, you need to contact one of our lawyers who specialize in car accident and injury law. Consultations with us are free!
The lawyers at our injury law firm have successfully represented clients who have suffered all types of injuries including brain damage, spinal cord injuries, chronic pain injuries, orthopaedic injuries, psychiatric injuries and all types of other minor, significant and serious injuries. We also represent victims of insurance bullying, insurance denials such as in disability or benefit claims.
Our lawyers are experienced in litigation, settlement negotiations, mediation, arbitration and other associated litigation services. Its no secret! With the assistance of experienced personal injury lawyers who have dedicated their work to personal injury issues, you greatly increases your chances of succeeding in your claim and in obtaining compensation you rightly deserve. The quality of your injury lawyer can directly impact the amount of compensation you receive. We are often consulted by clients who hired lawyers who are not experienced injury or accident lawyers, and who have obtained low or improvident settlements. In most cases, settlements are final and cannot be re opened. Experience matters.
Our accident lawyers use their experience, training, expertise and relationships with insurers, Adjusters and defense lawyers to maximize settlements and awards for damages and benefits owed to our clients. Regardless of the type of accident or injury, we obtain compensation for our clients. We obtain large settlements. Every type of compensation is investigated and advanced.
In motor vehicle accident claims or car accident claims, we offer our clients a full range of services including the handling of accident benefits claims and advancement of tort claims (claims against the other drivers for compensation).
In order to protect your entitlement to accident benefits, there are certain steps that you can take to protect your interests. We can assist you with such things as notifying your insurance company immediately after the accident, or in the event you do not have an insurance company, notifying the insurance company of the other vehicle(s) involved in the accident; completing application for accident benefits including all necessary forms to substantiate your losses, claims and injuries; obtaining medical reports; obtaining medical evaluations; retaining experts to quantify losses such as actuaries, future care service providers and accountants; dealing with the insurance companies; obtaining witness statements; meeting with the insurance Adjusters and reviewing statements; negotiating settlements; and if necessary, commencing court actions to preserve your rights and obtain fair compensation.
With respect to accident benefits, we assist our clients in obtaining income benefits, caregiver expenses, medical expenses, attendant care services, medical and rehabilitation expenses, death and funeral allowances, etc...
Call us at 613-315-4878 or 613-563-1131 for free legal advice. Know your rights! Marc N. Quinn, Ottawa car accident and injury lawyer. Marc works as a personal injury lawyer, is managing partner of the law firm Quinn Thiele Mineault Grodzki LLP, lectures in various post secondary educational institutions in the Ottawa area and frequently writes articles about injury law and compensation.
Friday, November 4, 2011
What does No Fee Until You Win basis - contingency fee based legal services mean? Ottawa car accident and personal injury lawyers explain.
What does No Fee Until You Win basis - contingency fee based legal services mean? Ottawa car accident and personal injury lawyers explain.
Quinn Thiele Mineault Grodzki LLP is law firm comprised of lawyers and law clerks who are dedicated to helping persons injured in accidents. We use our own funds and resources to advance the interests of our clients. Personal injury cases can be very expensive to pursue. It can sometimes costs tens of thousands of dollars or even more than a hundred thousand dollars to pursue a claim. At our Ottawa injury law firm, we handle personal injury cases on a No Fee Until You Win basis, called contingency fee based legal services. We provide you with access to justice that you might otherwise not be able to afford.
What does no contingency fee based legal services mean? It means that our personal injury lawyers will not charge you an hourly rate for our personal injury legal services. Instead, our lawyers will be paid a percentage of any recovery that may result from a settlement, award, or judgment. With a contingency fee based agreement, our lawyers are paid only if they obtain a settlement, award, or judgment for you. As well, our law firm will wait until the resolution of your injury case to recover disbursements and expenses such as expert fees, court costs, medical costs etc...
At our Ottawa accident and injury law firm, our lawyers believe that the inability to pay a lawyer should not prevent anyone from obtaining legal advice and so we offer free consultations. Our lawyers have a high rate of success in obtaining significant fair compensation for our clients. Our expertise is built on many years of experience handling all types of accident and injury cases across Ontario.
If you or someone you care about has been injured in a car accident, trip and fall, slip and fall, dog bite or attack incident, or injured any other way due to someone else’s carelessness, please feel free to call us for a free consultation. Let one of our personal injury lawyers explain your rights to you and provide you with a free assessment of your case. Call us at 613-315-4878.
Quinn Thiele Mineault Grodzki LLP is law firm comprised of lawyers and law clerks who are dedicated to helping persons injured in accidents. We use our own funds and resources to advance the interests of our clients. Personal injury cases can be very expensive to pursue. It can sometimes costs tens of thousands of dollars or even more than a hundred thousand dollars to pursue a claim. At our Ottawa injury law firm, we handle personal injury cases on a No Fee Until You Win basis, called contingency fee based legal services. We provide you with access to justice that you might otherwise not be able to afford.
What does no contingency fee based legal services mean? It means that our personal injury lawyers will not charge you an hourly rate for our personal injury legal services. Instead, our lawyers will be paid a percentage of any recovery that may result from a settlement, award, or judgment. With a contingency fee based agreement, our lawyers are paid only if they obtain a settlement, award, or judgment for you. As well, our law firm will wait until the resolution of your injury case to recover disbursements and expenses such as expert fees, court costs, medical costs etc...
At our Ottawa accident and injury law firm, our lawyers believe that the inability to pay a lawyer should not prevent anyone from obtaining legal advice and so we offer free consultations. Our lawyers have a high rate of success in obtaining significant fair compensation for our clients. Our expertise is built on many years of experience handling all types of accident and injury cases across Ontario.
If you or someone you care about has been injured in a car accident, trip and fall, slip and fall, dog bite or attack incident, or injured any other way due to someone else’s carelessness, please feel free to call us for a free consultation. Let one of our personal injury lawyers explain your rights to you and provide you with a free assessment of your case. Call us at 613-315-4878.
Wednesday, November 2, 2011
How to hire an Ottawa car accident lawyer? Ottawa mva lawyers
How to hire an Ottawa car accident lawyer? Your Ottawa MVA lawyers.
YOUR QUESTIONS ANSWERED
Most car accident victims have immediate questions about their potential car accident claim. The process with us starts by answering your initial general questions and concerns, free of charge. We willingly provide free legal advice. All of your specific legal questions are also answered by one of our car accident lawyers. We explain the entire claims for compensation process from beginning to end.
EVALUATION PERFORMED
As part of the process, one of our experienced car accident lawyers will gather all the relevant information needed to complete an initial evaluation of your case for you. In general terms, the evaluation will include our initial view in your chances of winning your case, the various damages and compensation you may be entitled to receive, the various steps needed to succeed in your case and the length of time your car accident case will likely take to complete.
OPTIONS EXPLAINED
We will of course review the particular needs of you and your family and consider the facts of your case specifically. We will provide you with our opinion about your traffic or auto accident case. Also, we will explain and discuss all of your options with you, explaining the risks and benefits of each option.
ADVICE
Our Ottawa mva lawyers will provide you with reliable and experienced legal advice and discuss wit you what we believe is your best course of action. You can choose to hire us as your expert car accident lawyers. We will discuss how to retain us and discuss our no fee until you settle guaranty.
HIRE US
In retaining us, we immediately assign a team of lawyers, paralegals and law clerks to advance your interests and protect your rights. We will keep you informed of each step in the entire process of handling your car accident case.
SETTLE YOUR CAR ACCIDENT CLAIM
Finally, we will settle your case and obtain fair compensation for your injuries.
Ottawa car accident, mva, motor vehicle accident lawyers. Marc Quinn. 613-315-4878.
YOUR QUESTIONS ANSWERED
Most car accident victims have immediate questions about their potential car accident claim. The process with us starts by answering your initial general questions and concerns, free of charge. We willingly provide free legal advice. All of your specific legal questions are also answered by one of our car accident lawyers. We explain the entire claims for compensation process from beginning to end.
EVALUATION PERFORMED
As part of the process, one of our experienced car accident lawyers will gather all the relevant information needed to complete an initial evaluation of your case for you. In general terms, the evaluation will include our initial view in your chances of winning your case, the various damages and compensation you may be entitled to receive, the various steps needed to succeed in your case and the length of time your car accident case will likely take to complete.
OPTIONS EXPLAINED
We will of course review the particular needs of you and your family and consider the facts of your case specifically. We will provide you with our opinion about your traffic or auto accident case. Also, we will explain and discuss all of your options with you, explaining the risks and benefits of each option.
ADVICE
Our Ottawa mva lawyers will provide you with reliable and experienced legal advice and discuss wit you what we believe is your best course of action. You can choose to hire us as your expert car accident lawyers. We will discuss how to retain us and discuss our no fee until you settle guaranty.
HIRE US
In retaining us, we immediately assign a team of lawyers, paralegals and law clerks to advance your interests and protect your rights. We will keep you informed of each step in the entire process of handling your car accident case.
SETTLE YOUR CAR ACCIDENT CLAIM
Finally, we will settle your case and obtain fair compensation for your injuries.
Ottawa car accident, mva, motor vehicle accident lawyers. Marc Quinn. 613-315-4878.
Thursday, October 27, 2011
Don't blame the dog, blame the dog owner! Ottawa dog bite experts - Ottawa injury lawyers
Why blame the dog in dog bite or dog attack cases? Blame the owner! Ottawa Dog Bite Lawyer - Marc N. Quinn - 613-315-4878 or 613-563-1131
In cases of dog bites or attacks, the dog is usually the first to be blamed for the bite or attack and for the injuries suffered. In reality, the one to blame is the dog owner. Regardless of whether or not the dog owner was careless, the fact is that legal responsibility rests with the owner in all cases. Owning a dog carries inherent liability and risks associated with it.
The hospitals and health care providers in Ottawa, Ontario regularly treat dog bite and attack victims. The injuries can be minor, serious or even cause death. In many cases, the bite or attack could have been avoided had the dog owner simply been responsible.
The laws in Ontario are very strict when it comes to attaching liability on dog owners for injuries caused by dogs; and so they should be. Dog owners must take responsibility for their dogs. Knowing why dogs can bite or attack is an important component to protecting victims and reducing the chances or being sued.
Why do dogs bite or attack ?
As animals, dogs are unpredictable. Dogs have, some would argue, temperamental tendencies. If their particular temperament is triggered, they can bite or attack. Dogs can react in various ways and in various degrees.
Examples of the reasons dogs bite or attack are as follows: fear causing protection behaviour; territorial protection behaviour; sickness or illness; pain; protection of food; protection of people or property; protection of puppies, etc... Any of these can trigger an animal attack.
In other circumstances, dogs may attack because of particular interactions with people. For example, dogs can attack when being taunted or bitten, interference with food, threats to jurisdiction - territory, etc...
Dogs do not bite and hurt because they intend to hurt others, their behaviour is animalistic. In many cases, dogs attack and bite because of the failure of the dog owner to secure the dog and take steps to avoid circumstances that expose risk to bites or attacks.
For whatever reason, if a dog bites you or someone you care about, we can help. We are dog bite experts. As personal injury lawyers, we have handled many dog bite cases and have obtained significant amounts of money for dog bite victims. Call us for a free consultation at 613-315-4878. Ottawa Personal Injury Lawyers. Marc N. Quinn. Founding Partner. Quinn Thiele Mineault Grodzki LLP. No fee unless you win lawyers!
In cases of dog bites or attacks, the dog is usually the first to be blamed for the bite or attack and for the injuries suffered. In reality, the one to blame is the dog owner. Regardless of whether or not the dog owner was careless, the fact is that legal responsibility rests with the owner in all cases. Owning a dog carries inherent liability and risks associated with it.
The hospitals and health care providers in Ottawa, Ontario regularly treat dog bite and attack victims. The injuries can be minor, serious or even cause death. In many cases, the bite or attack could have been avoided had the dog owner simply been responsible.
The laws in Ontario are very strict when it comes to attaching liability on dog owners for injuries caused by dogs; and so they should be. Dog owners must take responsibility for their dogs. Knowing why dogs can bite or attack is an important component to protecting victims and reducing the chances or being sued.
Why do dogs bite or attack ?
As animals, dogs are unpredictable. Dogs have, some would argue, temperamental tendencies. If their particular temperament is triggered, they can bite or attack. Dogs can react in various ways and in various degrees.
Examples of the reasons dogs bite or attack are as follows: fear causing protection behaviour; territorial protection behaviour; sickness or illness; pain; protection of food; protection of people or property; protection of puppies, etc... Any of these can trigger an animal attack.
In other circumstances, dogs may attack because of particular interactions with people. For example, dogs can attack when being taunted or bitten, interference with food, threats to jurisdiction - territory, etc...
Dogs do not bite and hurt because they intend to hurt others, their behaviour is animalistic. In many cases, dogs attack and bite because of the failure of the dog owner to secure the dog and take steps to avoid circumstances that expose risk to bites or attacks.
For whatever reason, if a dog bites you or someone you care about, we can help. We are dog bite experts. As personal injury lawyers, we have handled many dog bite cases and have obtained significant amounts of money for dog bite victims. Call us for a free consultation at 613-315-4878. Ottawa Personal Injury Lawyers. Marc N. Quinn. Founding Partner. Quinn Thiele Mineault Grodzki LLP. No fee unless you win lawyers!
Monday, October 24, 2011
Geographical Areas of Service - Injury and Accident Lawyers
At Quinn Thiele Mineault Grodzki LLP, Accident and Injury Lawyers, we service all of Ontario. No case is too big or small. We handle them all.
All of Ontario... and
Ottawa personal injury lawyers
Greater Ottawa Area
Ajax personal injury lawyers
Alexandria personal injury lawyers
Almonte personal injury lawyers
Arnprior personal injury lawyers
Athens personal injury lawyers
Belleville personal injury lawyers
Bobcaygeon personal injury lawyers
Brockville personal injury lawyers
Carleton Place personal injury lawyers
Casselman personal injury lawyers
Chesterville personal injury lawyers
Clarence Creek personal injury lawyers
Cobourg personal injury lawyers
Cornwall personal injury lawyers
Deep River personal injury lawyers
Embrun personal injury lawyers
Eganville personal injury lawyers
Frontanac personal injury lawyers
Gananogue personal injury lawyers
Hastings personal injury lawyers
Hawkesbury personal injury lawyers
Horton personal injury lawyers
Kanata personal injury lawyers
Kemptville personal injury lawyers
Kingston personal injury lawyers
Laurential Hill personal injury lawyers
L’Orignal personal injury lawyers
Markham personal injury lawyers
Merickville personal injury lawyers
Metcalfe personal injury lawyers
Morrisburg personal injury lawyers
Napanee personal injury lawyers
Newmarket personal injury lawyers
North Dundas personal injury lawyers
North Glengarry personal injury lawyers
North Gower personal injury lawyers
North Grenville personal injury lawyers
North Stormont personal injury lawyers
Nothumberland personal injury lawyers
Odessa personal injury lawyers
Osgoode personal injury lawyers
Oshawa personal injury lawyers
Pembroke personal injury lawyers
Petawawa personal injury lawyers
Perth personal injury lawyers
Peterborough personal injury lawyers
Pickering personal injury lawyers
Picton personal injury lawyers
Port Hope personal injury lawyers
Prescott personal injury lawyers
Quinte West personal injury lawyers
Renfrew personal injury lawyers
Richmond personal injury lawyers
Rockland personal injury lawyers
Russell personal injury lawyers
Smith Falls personal injury lawyers
South Dundas personal injury lawyers
South Glengarry personal injury lawyers
South Stormont personal injury lawyers
Tay Valley personal injury lawyers
Toronto personal injury lawyers
Trenton personal injury lawyers
Tweed personal injury lawyers
Vaughan personal injury lawyers
Westport personal injury lawyers
Winchester personal injury lawyers
and all cities, communities, districts, municipalities, regions, towns, townships and villages in between.
All of Ontario... and
Ottawa personal injury lawyers
Greater Ottawa Area
Ajax personal injury lawyers
Alexandria personal injury lawyers
Almonte personal injury lawyers
Arnprior personal injury lawyers
Athens personal injury lawyers
Belleville personal injury lawyers
Bobcaygeon personal injury lawyers
Brockville personal injury lawyers
Carleton Place personal injury lawyers
Casselman personal injury lawyers
Chesterville personal injury lawyers
Clarence Creek personal injury lawyers
Cobourg personal injury lawyers
Cornwall personal injury lawyers
Deep River personal injury lawyers
Embrun personal injury lawyers
Eganville personal injury lawyers
Frontanac personal injury lawyers
Gananogue personal injury lawyers
Hastings personal injury lawyers
Hawkesbury personal injury lawyers
Horton personal injury lawyers
Kanata personal injury lawyers
Kemptville personal injury lawyers
Kingston personal injury lawyers
Laurential Hill personal injury lawyers
L’Orignal personal injury lawyers
Markham personal injury lawyers
Merickville personal injury lawyers
Metcalfe personal injury lawyers
Morrisburg personal injury lawyers
Napanee personal injury lawyers
Newmarket personal injury lawyers
North Dundas personal injury lawyers
North Glengarry personal injury lawyers
North Gower personal injury lawyers
North Grenville personal injury lawyers
North Stormont personal injury lawyers
Nothumberland personal injury lawyers
Odessa personal injury lawyers
Osgoode personal injury lawyers
Oshawa personal injury lawyers
Pembroke personal injury lawyers
Petawawa personal injury lawyers
Perth personal injury lawyers
Peterborough personal injury lawyers
Pickering personal injury lawyers
Picton personal injury lawyers
Port Hope personal injury lawyers
Prescott personal injury lawyers
Quinte West personal injury lawyers
Renfrew personal injury lawyers
Richmond personal injury lawyers
Rockland personal injury lawyers
Russell personal injury lawyers
Smith Falls personal injury lawyers
South Dundas personal injury lawyers
South Glengarry personal injury lawyers
South Stormont personal injury lawyers
Tay Valley personal injury lawyers
Toronto personal injury lawyers
Trenton personal injury lawyers
Tweed personal injury lawyers
Vaughan personal injury lawyers
Westport personal injury lawyers
Winchester personal injury lawyers
and all cities, communities, districts, municipalities, regions, towns, townships and villages in between.
Saturday, October 22, 2011
Ottawa Car Accident Lawyers - Family Insurance Coverages
PROTECT YOUR FAMILY----CAR INSURANCE TIPS
At Quinn Thiele Mineault Grodzki LLP we handle a great many car accident cases. It is the substantial part of what we do. We represent regular people who are injured in car accidents. In doing that, we negotiate significant financial settlements for our injured clients. Other times we sue and go to Court to recover compensation for our clients so that they can receive proper compensation for their injuries---this compensation is normally paid by the insurance. In doing this kind of work, we see the importance of being properly insured—unfortunately this is sometimes highlighted by the inadequate basic insurance policies that are legally sold but reflect only the minimums mandated by law.
Car insurance policies, as issued by any insurance company doing business in Ontario, are anything but straightforward. The law sets out a certain basic framework for every motor-vehicle policy in Ontario through a standard automobile insurance policy; the terms of which are dictated by the government. Aside from the standard minimum coverage, insurance companies are permitted to sell additional benefits as part of the insurance policy. These additional benefits, reflected in endorsements to the standard policy, are essentially amendments to the minimum basic coverage provided by the standard policy.
The question that anyone who is buying automobile insurance should ask is whether the basic coverage, provided in the standard policy, along with the minimum statutory amounts, provides a reasonable level of coverage. Is your family adequately protected by the standard insurance policy? In our opinion, the direct answer is an unqualified no. The statutory minimums are entirely unsatisfactory. Any person relying on the basic coverage in the event of a serious accident is at great risk of being underinsured and exposed to significant financial liability.
The risk of not buying enough coverage is, to a degree, understood. Increased coverage costs a little more. People seem to be conditioned to think that getting the cheapest possible insurance is the aim and purpose of shopping around and getting comparison quotes. It is fairly obvious to insurers, that people shopping for quotes, are shopping for the cheapest policy. Hence, there is a pressure to quote policies that reflect coverage based on statutory minimums as opposed to coverage that provides reasonable protection in the event of an accident.
The fact that Ontarians shop for “price” when getting insurance quotes is not entirely a factor of being frugal or however else you would like to say it. Certainly, everyone likes a good deal—but we at Quinn Thiele Mineault Grodzki LLP believe that hardly anyone would consider an inadequate policy of insurance a good deal. So why then, is the focus on price and not on the content of the policy? The answer we believe lies in the fact that most people still trust the Ontario government to make sure a “standard” policy of insurance provides adequate and reasonable coverage. The sad fact, is that while this was true at one time, the Ontario government has allowed the standard policy of insurance to erode to the point that the minimum coverages are not reasonable—leaving people who rely on them at significant risk.
The endorsements, the additional coverage that your Ontario automobile insurers sell, are neither cash grabs nor unjustifiable extravagances. In our opinion, these additional coverages are so important that they should really form part of the basic coverage of a standard automobile insurance policy.
In this memo, we would like to provide you with following suggestion. In addition to this suggestion we strongly recommend that you contact your insurance broker to talk about all of the potential buy-ups, especially in relation to no fault accident benefits. In the name of consumer choice, the government recently slashed the coverage that comes with a standard automobile policy. The statutory accident benefits that now form part of a standard automobile insurance policy can easily result in inadequate protection for you and your family.
The concrete suggestion we have for everyone who is insured in Ontario is to two-fold. Firstly, you should buy up the liability coverage to whatever amount you can possibly afford. In our opinion, a reasonable base amount of coverage is $5 million dollars. Anything less is a risk.
Five million dollars of liability coverage is the amount your insurer will pay to the victims of any accident that you are deemed responsible for. The sum may sound like a lot, however, it doesn’t take much to imagine the extent of injuries in a serious accident involving multiple vehicles that are full of people. Those millions of dollars can be quickly used up helping the seriously injured.
The second concrete suggestion we have for everyone is to make sure that you have purchased the Family Protection Endorsement. The Family Protection Endorsement protects you and your family in the event that the person who hit you is underinsured or completely uninsured. Surely we have all had the thought that any accident we’re in will be the result of someone else being the “bad” driver and not ourselves. What if that “bad driver” is drunk or impaired by drugs. What if that driver has a suspended licence or is driving without permission? In all of these instances the person you are suing would potentially have no insurance coverage or the coverage would be limited to $200,000. There is no way that this is enough in the case of a serious accident.
The Family Protection Endorsement allows you to recover damages from your own insurer to the extent that the driver or responsible person who hit you was underinsured. The amount available under the Family Protection Endorsement is equal to the amount of your liability coverage. This is another great reason to have the $5 million coverage as you will have a total of $5 million dollars available to you should you be injured by a negligent underinsured or uninsured driver.
At Quinn Thiele Mineault Grodzki LLP we strongly urge you to review your automobile insurance polices with your broker. Please do so before it may be necessary to make a claim. A review after an accident is simply too late. You will be quite surprised to learn that the cost of the “buy ups” is actually quite reasonable relative the significantly better coverage that you can get. Insurance is supposed to protect you in the event of a catastrophy. Only you can make sure that your coverage is right.
Ottawa Car Accident Lawyers - Insurance Coverages
At Quinn Thiele Mineault Grodzki LLP we handle a great many car accident cases. It is the substantial part of what we do. We represent regular people who are injured in car accidents. In doing that, we negotiate significant financial settlements for our injured clients. Other times we sue and go to Court to recover compensation for our clients so that they can receive proper compensation for their injuries---this compensation is normally paid by the insurance. In doing this kind of work, we see the importance of being properly insured—unfortunately this is sometimes highlighted by the inadequate basic insurance policies that are legally sold but reflect only the minimums mandated by law.
Car insurance policies, as issued by any insurance company doing business in Ontario, are anything but straightforward. The law sets out a certain basic framework for every motor-vehicle policy in Ontario through a standard automobile insurance policy; the terms of which are dictated by the government. Aside from the standard minimum coverage, insurance companies are permitted to sell additional benefits as part of the insurance policy. These additional benefits, reflected in endorsements to the standard policy, are essentially amendments to the minimum basic coverage provided by the standard policy.
The question that anyone who is buying automobile insurance should ask is whether the basic coverage, provided in the standard policy, along with the minimum statutory amounts, provides a reasonable level of coverage. Is your family adequately protected by the standard insurance policy? In our opinion, the direct answer is an unqualified no. The statutory minimums are entirely unsatisfactory. Any person relying on the basic coverage in the event of a serious accident is at great risk of being underinsured and exposed to significant financial liability.
The risk of not buying enough coverage is, to a degree, understood. Increased coverage costs a little more. People seem to be conditioned to think that getting the cheapest possible insurance is the aim and purpose of shopping around and getting comparison quotes. It is fairly obvious to insurers, that people shopping for quotes, are shopping for the cheapest policy. Hence, there is a pressure to quote policies that reflect coverage based on statutory minimums as opposed to coverage that provides reasonable protection in the event of an accident.
The fact that Ontarians shop for “price” when getting insurance quotes is not entirely a factor of being frugal or however else you would like to say it. Certainly, everyone likes a good deal—but we at Quinn Thiele Mineault Grodzki LLP believe that hardly anyone would consider an inadequate policy of insurance a good deal. So why then, is the focus on price and not on the content of the policy? The answer we believe lies in the fact that most people still trust the Ontario government to make sure a “standard” policy of insurance provides adequate and reasonable coverage. The sad fact, is that while this was true at one time, the Ontario government has allowed the standard policy of insurance to erode to the point that the minimum coverages are not reasonable—leaving people who rely on them at significant risk.
The endorsements, the additional coverage that your Ontario automobile insurers sell, are neither cash grabs nor unjustifiable extravagances. In our opinion, these additional coverages are so important that they should really form part of the basic coverage of a standard automobile insurance policy.
In this memo, we would like to provide you with following suggestion. In addition to this suggestion we strongly recommend that you contact your insurance broker to talk about all of the potential buy-ups, especially in relation to no fault accident benefits. In the name of consumer choice, the government recently slashed the coverage that comes with a standard automobile policy. The statutory accident benefits that now form part of a standard automobile insurance policy can easily result in inadequate protection for you and your family.
The concrete suggestion we have for everyone who is insured in Ontario is to two-fold. Firstly, you should buy up the liability coverage to whatever amount you can possibly afford. In our opinion, a reasonable base amount of coverage is $5 million dollars. Anything less is a risk.
Five million dollars of liability coverage is the amount your insurer will pay to the victims of any accident that you are deemed responsible for. The sum may sound like a lot, however, it doesn’t take much to imagine the extent of injuries in a serious accident involving multiple vehicles that are full of people. Those millions of dollars can be quickly used up helping the seriously injured.
The second concrete suggestion we have for everyone is to make sure that you have purchased the Family Protection Endorsement. The Family Protection Endorsement protects you and your family in the event that the person who hit you is underinsured or completely uninsured. Surely we have all had the thought that any accident we’re in will be the result of someone else being the “bad” driver and not ourselves. What if that “bad driver” is drunk or impaired by drugs. What if that driver has a suspended licence or is driving without permission? In all of these instances the person you are suing would potentially have no insurance coverage or the coverage would be limited to $200,000. There is no way that this is enough in the case of a serious accident.
The Family Protection Endorsement allows you to recover damages from your own insurer to the extent that the driver or responsible person who hit you was underinsured. The amount available under the Family Protection Endorsement is equal to the amount of your liability coverage. This is another great reason to have the $5 million coverage as you will have a total of $5 million dollars available to you should you be injured by a negligent underinsured or uninsured driver.
At Quinn Thiele Mineault Grodzki LLP we strongly urge you to review your automobile insurance polices with your broker. Please do so before it may be necessary to make a claim. A review after an accident is simply too late. You will be quite surprised to learn that the cost of the “buy ups” is actually quite reasonable relative the significantly better coverage that you can get. Insurance is supposed to protect you in the event of a catastrophy. Only you can make sure that your coverage is right.
Ottawa Car Accident Lawyers - Insurance Coverages
Friday, October 21, 2011
Ottawa accident lawyers - Negligence Act of Ontario
Ottawa Accident Lawyers - Accident Lawyers - Slip and Fall Lawyers - Trip and Fall Lawyers -- Negligence Lawyers - 613-563-1131
Negligence Act, R.S.O. 1990, CHAPTER N.1
Extent of liability, remedy over
1. Where damages have been caused or contributed to by the fault or neglect of two or more persons, the court shall determine the degree in which each of such persons is at fault or negligent, and, where two or more persons are found at fault or negligent, they are jointly and severally liable to the person suffering loss or damage for such fault or negligence, but as between themselves, in the absence of any contract express or implied, each is liable to make contribution and indemnify each other in the degree in which they are respectively found to be at fault or negligent. R.S.O. 1990, c. N.1, s. 1.
Recovery as between tortfeasors
2. A tortfeasor may recover contribution or indemnity from any other tortfeasor who is, or would if sued have been, liable in respect of the damage to any person suffering damage as a result of a tort by settling with the person suffering such damage, and thereafter commencing or continuing action against such other tortfeasor, in which event the tortfeasor settling the damage shall satisfy the court that the amount of the settlement was reasonable, and in the event that the court finds the amount of the settlement was excessive it may fix the amount at which the claim should have been settled. R.S.O. 1990, c. N.1, s. 2.
Plaintiff guilty of contributory negligence
3. In any action for damages that is founded upon the fault or negligence of the defendant if fault or negligence is found on the part of the plaintiff that contributed to the damages, the court shall apportion the damages in proportion to the degree of fault or negligence found against the parties respectively. R.S.O. 1990, c. N.1, s. 3.
Where parties to be deemed equally at fault
4. If it is not practicable to determine the respective degree of fault or negligence as between any parties to an action, such parties shall be deemed to be equally at fault or negligent. R.S.O. 1990, c. N.1, s. 4.
Adding parties
5. Wherever it appears that a person not already a party to an action is or may be wholly or partly responsible for the damages claimed, such person may be added as a party defendant to the action upon such terms as are considered just or may be made a third party to the action in the manner prescribed by the rules of court for adding third parties. R.S.O. 1990, c. N.1, s. 5.
Jury to determine degrees of negligence of parties
6. In any action tried with a jury, the degree of fault or negligence of the respective parties is a question of fact for the jury. R.S.O. 1990, c. N.1, s. 6.
When plaintiff may be liable for costs
7. Where the damages are occasioned by the fault or negligence of more than one party, the court has power to direct that the plaintiff shall bear some portion of the costs if the circumstances render this just. R.S.O. 1990, c. N.1, s. 7.
Negligence Act, R.S.O. 1990, CHAPTER N.1
Extent of liability, remedy over
1. Where damages have been caused or contributed to by the fault or neglect of two or more persons, the court shall determine the degree in which each of such persons is at fault or negligent, and, where two or more persons are found at fault or negligent, they are jointly and severally liable to the person suffering loss or damage for such fault or negligence, but as between themselves, in the absence of any contract express or implied, each is liable to make contribution and indemnify each other in the degree in which they are respectively found to be at fault or negligent. R.S.O. 1990, c. N.1, s. 1.
Recovery as between tortfeasors
2. A tortfeasor may recover contribution or indemnity from any other tortfeasor who is, or would if sued have been, liable in respect of the damage to any person suffering damage as a result of a tort by settling with the person suffering such damage, and thereafter commencing or continuing action against such other tortfeasor, in which event the tortfeasor settling the damage shall satisfy the court that the amount of the settlement was reasonable, and in the event that the court finds the amount of the settlement was excessive it may fix the amount at which the claim should have been settled. R.S.O. 1990, c. N.1, s. 2.
Plaintiff guilty of contributory negligence
3. In any action for damages that is founded upon the fault or negligence of the defendant if fault or negligence is found on the part of the plaintiff that contributed to the damages, the court shall apportion the damages in proportion to the degree of fault or negligence found against the parties respectively. R.S.O. 1990, c. N.1, s. 3.
Where parties to be deemed equally at fault
4. If it is not practicable to determine the respective degree of fault or negligence as between any parties to an action, such parties shall be deemed to be equally at fault or negligent. R.S.O. 1990, c. N.1, s. 4.
Adding parties
5. Wherever it appears that a person not already a party to an action is or may be wholly or partly responsible for the damages claimed, such person may be added as a party defendant to the action upon such terms as are considered just or may be made a third party to the action in the manner prescribed by the rules of court for adding third parties. R.S.O. 1990, c. N.1, s. 5.
Jury to determine degrees of negligence of parties
6. In any action tried with a jury, the degree of fault or negligence of the respective parties is a question of fact for the jury. R.S.O. 1990, c. N.1, s. 6.
When plaintiff may be liable for costs
7. Where the damages are occasioned by the fault or negligence of more than one party, the court has power to direct that the plaintiff shall bear some portion of the costs if the circumstances render this just. R.S.O. 1990, c. N.1, s. 7.
Ottawa Accident Lawyers - Accident Lawyers - Slip and Fall Lawyers - Trip and Fall Lawyers -- 613-563-1131
Ottawa Accident Lawyers - Accident Lawyers - Slip and Fall Lawyers - Trip and Fall Lawyers -- 613-563-1131
Occupiers’ Liability Act, R.S.O. 1990, CHAPTER O.2
Definitions
1.In this Act,
“occupier” includes,
(a) a person who is in physical possession of premises, or
(b) a person who has responsibility for and control over the condition of premises or the activities there carried on, or control over persons allowed to enter the premises,
despite the fact that there is more than one occupier of the same premises; (“occupant”)
“premises” means lands and structures, or either of them, and includes,
(a) water,
(b) ships and vessels,
(c) trailers and portable structures designed or used for residence, business or shelter,
(d) trains, railway cars, vehicles and aircraft, except while in operation. (“lieux”) R.S.O. 1990, c. O.2, s. 1.
Common law duty of care superseded
2.Subject to section 9, this Act applies in place of the rules of the common law that determine the care that the occupier of premises at common law is required to show for the purpose of determining the occupier’s liability in law in respect of dangers to persons entering on the premises or the property brought on the premises by those persons. R.S.O. 1990, c. O.2, s. 2.
Occupier’s duty
3.(1)An occupier of premises owes a duty to take such care as in all the circumstances of the case is reasonable to see that persons entering on the premises, and the property brought on the premises by those persons are reasonably safe while on the premises.
Idem
(2)The duty of care provided for in subsection (1) applies whether the danger is caused by the condition of the premises or by an activity carried on on the premises.
Idem
(3)The duty of care provided for in subsection (1) applies except in so far as the occupier of premises is free to and does restrict, modify or exclude the occupier’s duty. R.S.O. 1990, c. O.2, s. 3.
Risks willingly assumed
4.(1)The duty of care provided for in subsection 3 (1) does not apply in respect of risks willingly assumed by the person who enters on the premises, but in that case the occupier owes a duty to the person to not create a danger with the deliberate intent of doing harm or damage to the person or his or her property and to not act with reckless disregard of the presence of the person or his or her property.
Criminal activity
(2)A person who is on premises with the intention of committing, or in the commission of, a criminal act shall be deemed to have willingly assumed all risks and is subject to the duty of care set out in subsection (1).
Trespass and permitted recreational activity
(3)A person who enters premises described in subsection (4) shall be deemed to have willingly assumed all risks and is subject to the duty of care set out in subsection (1),
(a) where the entry is prohibited under the Trespass to Property Act;
(b) where the occupier has posted no notice in respect of entry and has not otherwise expressly permitted entry; or
(c) where the entry is for the purpose of a recreational activity and,
(i) no fee is paid for the entry or activity of the person, other than a benefit or payment received from a government or government agency or a non-profit recreation club or association, and
(ii) the person is not being provided with living accommodation by the occupier.
Premises referred to in subs. (3)
(4)The premises referred to in subsection (3) are,
(a) a rural premises that is,
(i) used for agricultural purposes, including land under cultivation, orchards, pastures, woodlots and farm ponds,
(ii) vacant or undeveloped premises,
(iii) forested or wilderness premises;
(b) golf courses when not open for playing;
(c) utility rights-of-way and corridors, excluding structures located thereon;
(d) unopened road allowances;
(e) private roads reasonably marked by notice as such; and
(f) recreational trails reasonably marked by notice as such. R.S.O. 1990, c. O.2, s. 4.
Restriction of duty or liability
5.(1)The duty of an occupier under this Act, or the occupier’s liability for breach thereof, shall not be restricted or excluded by any contract to which the person to whom the duty is owed is not a party, whether or not the occupier is bound by the contract to permit such person to enter or use the premises.
Extension of liability by contract
(2)A contract shall not by virtue of this Act have the effect, unless it expressly so provides, of making an occupier who has taken reasonable care, liable to any person not a party to the contract, for dangers due to the faulty execution of any work of construction, maintenance or repair, or other like operation by persons other than the occupier, employees of the occupier and persons acting under the occupier’s direction and control.
Reasonable steps to inform
(3)Where an occupier is free to restrict, modify or exclude the occupier’s duty of care or the occupier’s liability for breach thereof, the occupier shall take reasonable steps to bring such restriction, modification or exclusion to the attention of the person to whom the duty is owed. R.S.O. 1990, c. O.2, s. 5.
Liability where independent contractor
6.(1)Where damage to any person or his or her property is caused by the negligence of an independent contractor employed by the occupier, the occupier is not on that account liable if in all the circumstances the occupier had acted reasonably in entrusting the work to the independent contractor, if the occupier had taken such steps, if any, as the occupier reasonably ought in order to be satisfied that the contractor was competent and that the work had been properly done, and if it was reasonable that the work performed by the independent contractor should have been undertaken.
Idem
(2)Where there is more than one occupier of premises, any benefit accruing by reason of subsection (1) to the occupier who employed the independent contractor shall accrue to all occupiers of the premises.
Idem
(3)Nothing in this section affects any duty of the occupier that is non-delegable at common law or affects any provision in any other Act that provides that an occupier is liable for the negligence of an independent contractor. R.S.O. 1990, c. O.2, s. 6.
Application of ss. 5 (1, 2), 6
7.In so far as subsections 5 (1) and (2) prevent the duty of care owed by an occupier, or liability for breach thereof, from being restricted or excluded, they apply to contracts entered into both before and after the commencement of this Act, and in so far as section 6 enlarges the duty of care owed by an occupier, or liability for breach thereof, it applies only in respect of contracts entered into after the 8th day of September, 1980. R.S.O. 1990, c. O.2, s. 7.
Obligations of landlord as occupier
8.(1)Where premises are occupied or used by virtue of a tenancy under which the landlord is responsible for the maintenance or repair of the premises, it is the duty of the landlord to show towards any person or the property brought on the premises by those persons, the same duty of care in respect of dangers arising from any failure on the landlord’s part in carrying out the landlord’s responsibility as is required by this Act to be shown by an occupier of the premises.
Idem
(2)For the purposes of this section, a landlord shall not be deemed to have made default in carrying out any obligation to a person unless the landlord’s default is such as to be actionable at the suit of the person entitled to possession of the premises.
Definitions
(3)For the purposes of this section, obligations imposed by any enactment by virtue of a tenancy shall be treated as imposed by the tenancy, and “tenancy” includes a statutory tenancy, an implied tenancy and any contract conferring the right of occupation, and “landlord” shall be construed accordingly.
Application of section
(4)This section applies to all tenancies whether created before or after the commencement of this Act. R.S.O. 1990, c. O.2, s. 8.
Preservation of higher obligations
9.(1)Nothing in this Act relieves an occupier of premises in any particular case from any higher liability or any duty to show a higher standard of care that in that case is incumbent on the occupier by virtue of any enactment or rule of law imposing special liability or standards of care on particular classes of persons including, but without restricting the generality of the foregoing, the obligations of,
(a) innkeepers, subject to the Innkeepers Act;
(b) common carriers;
(c) bailees.
Employer and employee relationships
(2)Nothing in this Act shall be construed to affect the rights, duties and liabilities resulting from an employer and employee relationship where it exists.
Application of Negligence Act
(3)The Negligence Act applies with respect to causes of action to which this Act applies. R.S.O. 1990, c. O.2, s. 9.
Act binds Crown
10.(1)This Act binds the Crown, subject to the Proceedings Against the Crown Act.
Exception
(2)This Act does not apply to the Crown or to any municipal corporation, where the Crown or the municipal corporation is an occupier of a public highway or a public road. R.S.O. 1990, c. O.2, s. 10.
Application of Act
11.This Act does not affect rights and liabilities of persons in respect of causes of action arising before the 8th day of September, 1980. R.S.O. 1990, c. O.2, s. 11.
____________________
Occupiers’ Liability Act, R.S.O. 1990, CHAPTER O.2
Definitions
1.In this Act,
“occupier” includes,
(a) a person who is in physical possession of premises, or
(b) a person who has responsibility for and control over the condition of premises or the activities there carried on, or control over persons allowed to enter the premises,
despite the fact that there is more than one occupier of the same premises; (“occupant”)
“premises” means lands and structures, or either of them, and includes,
(a) water,
(b) ships and vessels,
(c) trailers and portable structures designed or used for residence, business or shelter,
(d) trains, railway cars, vehicles and aircraft, except while in operation. (“lieux”) R.S.O. 1990, c. O.2, s. 1.
Common law duty of care superseded
2.Subject to section 9, this Act applies in place of the rules of the common law that determine the care that the occupier of premises at common law is required to show for the purpose of determining the occupier’s liability in law in respect of dangers to persons entering on the premises or the property brought on the premises by those persons. R.S.O. 1990, c. O.2, s. 2.
Occupier’s duty
3.(1)An occupier of premises owes a duty to take such care as in all the circumstances of the case is reasonable to see that persons entering on the premises, and the property brought on the premises by those persons are reasonably safe while on the premises.
Idem
(2)The duty of care provided for in subsection (1) applies whether the danger is caused by the condition of the premises or by an activity carried on on the premises.
Idem
(3)The duty of care provided for in subsection (1) applies except in so far as the occupier of premises is free to and does restrict, modify or exclude the occupier’s duty. R.S.O. 1990, c. O.2, s. 3.
Risks willingly assumed
4.(1)The duty of care provided for in subsection 3 (1) does not apply in respect of risks willingly assumed by the person who enters on the premises, but in that case the occupier owes a duty to the person to not create a danger with the deliberate intent of doing harm or damage to the person or his or her property and to not act with reckless disregard of the presence of the person or his or her property.
Criminal activity
(2)A person who is on premises with the intention of committing, or in the commission of, a criminal act shall be deemed to have willingly assumed all risks and is subject to the duty of care set out in subsection (1).
Trespass and permitted recreational activity
(3)A person who enters premises described in subsection (4) shall be deemed to have willingly assumed all risks and is subject to the duty of care set out in subsection (1),
(a) where the entry is prohibited under the Trespass to Property Act;
(b) where the occupier has posted no notice in respect of entry and has not otherwise expressly permitted entry; or
(c) where the entry is for the purpose of a recreational activity and,
(i) no fee is paid for the entry or activity of the person, other than a benefit or payment received from a government or government agency or a non-profit recreation club or association, and
(ii) the person is not being provided with living accommodation by the occupier.
Premises referred to in subs. (3)
(4)The premises referred to in subsection (3) are,
(a) a rural premises that is,
(i) used for agricultural purposes, including land under cultivation, orchards, pastures, woodlots and farm ponds,
(ii) vacant or undeveloped premises,
(iii) forested or wilderness premises;
(b) golf courses when not open for playing;
(c) utility rights-of-way and corridors, excluding structures located thereon;
(d) unopened road allowances;
(e) private roads reasonably marked by notice as such; and
(f) recreational trails reasonably marked by notice as such. R.S.O. 1990, c. O.2, s. 4.
Restriction of duty or liability
5.(1)The duty of an occupier under this Act, or the occupier’s liability for breach thereof, shall not be restricted or excluded by any contract to which the person to whom the duty is owed is not a party, whether or not the occupier is bound by the contract to permit such person to enter or use the premises.
Extension of liability by contract
(2)A contract shall not by virtue of this Act have the effect, unless it expressly so provides, of making an occupier who has taken reasonable care, liable to any person not a party to the contract, for dangers due to the faulty execution of any work of construction, maintenance or repair, or other like operation by persons other than the occupier, employees of the occupier and persons acting under the occupier’s direction and control.
Reasonable steps to inform
(3)Where an occupier is free to restrict, modify or exclude the occupier’s duty of care or the occupier’s liability for breach thereof, the occupier shall take reasonable steps to bring such restriction, modification or exclusion to the attention of the person to whom the duty is owed. R.S.O. 1990, c. O.2, s. 5.
Liability where independent contractor
6.(1)Where damage to any person or his or her property is caused by the negligence of an independent contractor employed by the occupier, the occupier is not on that account liable if in all the circumstances the occupier had acted reasonably in entrusting the work to the independent contractor, if the occupier had taken such steps, if any, as the occupier reasonably ought in order to be satisfied that the contractor was competent and that the work had been properly done, and if it was reasonable that the work performed by the independent contractor should have been undertaken.
Idem
(2)Where there is more than one occupier of premises, any benefit accruing by reason of subsection (1) to the occupier who employed the independent contractor shall accrue to all occupiers of the premises.
Idem
(3)Nothing in this section affects any duty of the occupier that is non-delegable at common law or affects any provision in any other Act that provides that an occupier is liable for the negligence of an independent contractor. R.S.O. 1990, c. O.2, s. 6.
Application of ss. 5 (1, 2), 6
7.In so far as subsections 5 (1) and (2) prevent the duty of care owed by an occupier, or liability for breach thereof, from being restricted or excluded, they apply to contracts entered into both before and after the commencement of this Act, and in so far as section 6 enlarges the duty of care owed by an occupier, or liability for breach thereof, it applies only in respect of contracts entered into after the 8th day of September, 1980. R.S.O. 1990, c. O.2, s. 7.
Obligations of landlord as occupier
8.(1)Where premises are occupied or used by virtue of a tenancy under which the landlord is responsible for the maintenance or repair of the premises, it is the duty of the landlord to show towards any person or the property brought on the premises by those persons, the same duty of care in respect of dangers arising from any failure on the landlord’s part in carrying out the landlord’s responsibility as is required by this Act to be shown by an occupier of the premises.
Idem
(2)For the purposes of this section, a landlord shall not be deemed to have made default in carrying out any obligation to a person unless the landlord’s default is such as to be actionable at the suit of the person entitled to possession of the premises.
Definitions
(3)For the purposes of this section, obligations imposed by any enactment by virtue of a tenancy shall be treated as imposed by the tenancy, and “tenancy” includes a statutory tenancy, an implied tenancy and any contract conferring the right of occupation, and “landlord” shall be construed accordingly.
Application of section
(4)This section applies to all tenancies whether created before or after the commencement of this Act. R.S.O. 1990, c. O.2, s. 8.
Preservation of higher obligations
9.(1)Nothing in this Act relieves an occupier of premises in any particular case from any higher liability or any duty to show a higher standard of care that in that case is incumbent on the occupier by virtue of any enactment or rule of law imposing special liability or standards of care on particular classes of persons including, but without restricting the generality of the foregoing, the obligations of,
(a) innkeepers, subject to the Innkeepers Act;
(b) common carriers;
(c) bailees.
Employer and employee relationships
(2)Nothing in this Act shall be construed to affect the rights, duties and liabilities resulting from an employer and employee relationship where it exists.
Application of Negligence Act
(3)The Negligence Act applies with respect to causes of action to which this Act applies. R.S.O. 1990, c. O.2, s. 9.
Act binds Crown
10.(1)This Act binds the Crown, subject to the Proceedings Against the Crown Act.
Exception
(2)This Act does not apply to the Crown or to any municipal corporation, where the Crown or the municipal corporation is an occupier of a public highway or a public road. R.S.O. 1990, c. O.2, s. 10.
Application of Act
11.This Act does not affect rights and liabilities of persons in respect of causes of action arising before the 8th day of September, 1980. R.S.O. 1990, c. O.2, s. 11.
____________________
University of Ottawa Heart Institute Gala Art Exhibition 2011
University of Ottawa Heart Institute Gala Art Exhibition 2011
The Ottawa personal injury law firm of Quinn Thiele Mineault Grodzki LLP were pleased to be a proud golden sponsor of the University of Ottawa Heart Institute Gala Art Exhibition 2011 which took place on October 18, 2011 at Ottawa City Hall. Thank you to well known Artist, Marcia Lea and to Sandra Sauk of Triangle Investigation Agency Ltd. who generously planned and coordinated the well attended event. Marc Quinn - Ottawa Car Accident Lawyer - 613-563-1131.
The Ottawa personal injury law firm of Quinn Thiele Mineault Grodzki LLP were pleased to be a proud golden sponsor of the University of Ottawa Heart Institute Gala Art Exhibition 2011 which took place on October 18, 2011 at Ottawa City Hall. Thank you to well known Artist, Marcia Lea and to Sandra Sauk of Triangle Investigation Agency Ltd. who generously planned and coordinated the well attended event. Marc Quinn - Ottawa Car Accident Lawyer - 613-563-1131.
Thursday, October 20, 2011
What is a duty of care? Ottawa Accident Lawyers
In tort law, a duty of care is a legal obligation imposed on an individual requiring that they adhere to a standard of reasonable care while performing any acts that could foreseeably harm others. It is the first element that must be established to proceed with an action in negligence. The claimant must be able to show a duty of care imposed by law which the defendant has breached. In turn, breaching a duty may subject an individual to liability. The duty of care may be imposed by operation of law between individuals with no current direct relationship (familial or contractual or otherwise), but eventually become related in some manner, as defined by common law (meaning case law).
Duty of care may be considered a formalization of the social contract, the implicit responsibilities held by individuals towards others within society. It is not a requirement that a duty of care be defined by law, though it will often develop through the jurisprudence of common law. Source: Wikipedia
Duty of care may be considered a formalization of the social contract, the implicit responsibilities held by individuals towards others within society. It is not a requirement that a duty of care be defined by law, though it will often develop through the jurisprudence of common law. Source: Wikipedia
Thursday, October 13, 2011
Ottawa Dog Bite Lawyer - Liability of Dog Owners for Bites and Attacks in Ontario - Dog Owner's Liability Act
Dog Bite and Dog Attack Liability in Ontario
By: Marc-Nicholas Quinn, Ottawa Personal Injury Lawyer
This article addresses many of the issues surrounding dogs and liability in the context of the law in Ontario as it exists in 2011 and will provide you with valuable information about dogs and liability, no matter which side of the leash you are on.
It is said that dogs are a person's best friend. They are always there for us, for protection, for care and love. However, in a single bite, the lives of countless people have forever been profoundly changed. Dogs can be extremely loyal, loving and caring pets. Despite the close relationship between dogs and humans, dogs can cause serious injury, permanent physical and emotional scaring and in some cases, dog bites or attacks can be fatal. Dogs of all sizes and breeds are capable of seriously harming or killing human beings. Even the most timid dogs can bite or attack.
There is considerable debate as to whether or not certain breeds of dogs are more dangerous than others and more likely to bite or attack. This has resulted in certain protective legislation targeting certain breeds. For instance, in Ontario, with few exceptions, pit bulls are banned pursuant to the Dog Owners' Liability Act and Public Safety Related to Dog Statute Amendment Act, 2005. Regardless of the size or breed of dog, owners have legal responsibilities to their pets as well as to any person, pet or property that may come into contact with their dog. Dog owners should be aware of their legal responsibilities and the risks involved in ownership.
Any person injured as a result of a dog in Ontario is entitled to seek compensation. This article addresses, in a general way, the legal rights and interests of victims of dog bites and dog attacks.
What happens when a dog bites and injures someone? In most cases, dog owners are financially and legally responsible for any injury or property damage their pets cause. In most, but not all, cases, the dog owner's home insurance policy will cover the damages. If your dog bites or attacks someone, you can, in some cases, lose your dog or your homeowner's or renter's insurance. If you lose your insurance coverage with your current insurer, you may not be able to obtain coverage from any other insurance company. If you own a dog and haven't looked at your policy, it's a good idea to get out your policy and review the fine print.
If your dog bites and injures someone, you could end up paying significant monetary damages. Even if your dog doesn't have a history of biting, attacks or vicious behavior, you can nevertheless be held liable. It is prudent to verify with your insurance agent or insurance company annually to ensure you have appropriate insurance coverage.
In the past, the law as it pertained to protecting victims of dog bites and attacks was limited. Victims of dog bites or attacks could only rely on the general principles of common law (judge made law as opposed to legislation) and an ancient doctrine of law called scienter (in English, meaning “foreknowledge”). In order to successfully obtain fair compensation, victims had to establish clear negligence on the part of the dog owner, using general principles of negligence law. Scienter required the victim to identify the dog, identify the dog owner and prove the dog owner knew their dog had a propensity to bite or attack.
Today, things are very different and the onus is now on dog owners to show why they should not be held responsible to pay compensation to dog bite injury victims.
Statutory Obligations and Liability - Strict Liability
Ontario law places strict liability on owners of dogs for any injuries causes by their pets.
If you have been bitten, attacked or otherwise injured by a dog in Ontario, you have certain rights and remedies available to you through the various legal principles that apply to dogs and their owners.
In terms of statutory provisions, the relevant provincial law is as follows:
The law in Ontario for dog bites is governed by the Dog Owners’ Liability Act, R.S.O. 1990, Chapter D.16 ("DOLA").
The DOLA states that it is the owner of the dog who is liable and the liability is held to a strict standard. Pursuant to the cases (case law) that have interpreted and applied the provisions of the DOLA, dog owners are strictly liable for any damage or injury caused by their dogs.
Strict liability is the legal responsibility for damages, or injury, even if the person found strictly liable was not at fault or negligent. If you are injured by a dog, you generally do not need to prove the intent, negligence or fault of the dog owner. Liability will be found even if the dog owner acted completely reasonably.
What does this mean? In simple terms, if you are injured by a dog, you need to identify the dog owner, prove that their dog injured you and then, the dog owner is automatically responsible to pay you damages. The amount of damages is assessed by the Court. If the case settles prior to trial or prior to a Court action having been commenced, the amount is determined on the basis of legal research completed by your personal injury lawyer. A personal injury lawyer can provide a range of monetary damages within which a settlement would be reasonable.
In some cases, the amount of the damages an injured person is awarded can be reduced because of contributory negligence. This occurs when the Court believes that the injured person acted in such a way to make them partially responsible for the dog bite or attack injury. This only occurs in some cases and usually involves incidences where the victim for whatever reason unreasonably provoked the dog in some way to behave violently.
The finding and extent of contributory negligence is wholly dependent upon the circumstances of each individual case. The incident in question would be reviewed to determine if the dog attack victim provoked the dog in some way. In cases of children being injured, the analysis is based on whether or not the child's parent or guardian failed to properly supervise the child, and also if the child unreasonably provoked the dog. In most cases, there is no contributory negligence found.
There is a general overriding obligation on dog owners to ensure that their dogs behave safely and do not injure others. Section 5.1 of the DOLA provides that “each owner of a dog shall exercise reasonable precautions to prevent it from biting or attacking a person or domestic animal; or behaving in a manner that poses a menace to the safety of persons or domestic animals.”
In terms of civil liability, section 2 of the DOLA provides that the owner of a dog is liable for damages resulting from a bite or attack by the dog on another person or domestic animal. Where there is more than one owner of a dog, they are jointly and severally liable under this section.
A person injured by a dog does not need to prove that the owner of the dog knew their animal was dangerous. Section 3 of the DOLA provides, in part, for the extent of the liability of dog owners. Section 3 states, in part, as follows: “The liability of the owner does not depend upon knowledge of the propensity of the dog or fault or negligence on the part of the owner.”
In some cases, the injured person's damages can be reduced if the dog owner can establish that the injured person acted unreasonably. Section 3 of the DOLA further states that “the Court shall reduce the damages awarded in proportion to the degree, if any, to which the fault or negligence of the plaintiff caused or contributed to the damages.” It is rare to see damages reduced under this provision.
Ottawa City By-Law Respecting Animal Care and Control - BY-LAW NO. 2003 - 77
Most municipalities have by-laws respecting animals, including dogs. For instance, the City of Ottawa has a general by-law respecting the obligations of dog owners. It is called "A by-law of the City of Ottawa respecting animal care and control." The by-law places a general onus on dog owners to ensure that their dogs do not bite or otherwise injure persons in Ottawa. It also imposes the obligation on all dog owners to maintain control of their dogs at all times and to keep them on leashes except for specified areas. All dogs must be registered with the municipality. The by-law provides for sanctions and penalties to anyone who breaches the provisions of the by-law.
Pit Bulls
Special legislation was enacted in 2005 to specifically deal with pit bulls in Ontario. In 2005, the Public Safety Related to Dogs Statute Law Amendment Act, 2005 was passed along with Ontario Regulation 157/05 which provides for the strict regulation and control of pit bull ownership and management in Ontario. With few exceptions for those who already owned pit bulls in 2005, the law now prohibits persons from owning, breeding, importing, abandoning or transferring pit bulls. Training pit bulls to fight or allowing them to stray is illegal. All owners of pit bulls must comply with the new regulation for pit bulls under the DOLA and the Regulation. For more detailed information visit http://www.attorneygeneral.jus.gov.on.ca.
Dog Owner’s Liability Act versus Occupier’s Liability Act
There may be situations where the Court finds that the injuries sustained by the victim are not caused by a “bite” or “attack”. Section 2 of the DOLA makes it a pre-requisite that the dog must bite or attack someone in order for the DOLA to apply. In the unusual case of the Court finding that a victim was not injured as a result of a bite or attack, the Court may nevertheless apply general negligence principles to hold the dog owner liable. The Court, in particular, can apply the provisions of the Occupier’s Liability Act, R.S.O., 1990, c.O.2 to hold the dog owner liable not as a dog owner per se but as a property owner; providing the incident occurred at the dog owner’s real property, premises or home. Section 3(1) of the Occupier’s Liability Act provides that: “An occupier of premises owes a duty to take such care as in all the circumstances of the case is reasonable to see that persons entering on the premises, and the property brought on the premises by those persons are reasonably safe while on the premises.” Therefore, if someone is injured by a dog but it is not by a bite or an attack, liability can nevertheless be found either in general negligence, or under the provisions of the Occupier’s Liability Act.
Can someone other than a dog owner also be held liable?
Yes. An owner of a dog can in certain circumstances, prove, that someone else contributed to the incident and seek that the other person partially or fully indemnifies them for the compensation /damages they are ordered to pay an injured person.
If the victim is able to prove that the property owner, aside from the dog owner, exercised control over and assumed responsibility over the property and/or the dog, the victim can pursue a claim for compensation against the property owner, in addition to the dog owner.
Section 3 of the DOLA further states, in part, as follows: “An owner who is liable to pay damages is entitled to recover contribution and indemnity from any other person in proportion to the degree to which the other person’s fault or negligence caused or contributed to the damages.” This provision does apply in certain circumstances. Examples of where this provision would apply include, cases where there is more than one dog involved in the incident (i.e. two dogs with two different owners attacked someone), where there is more than one owner of the dog that caused the injury (i.e. joint owners of dog) or there is a third party, such as a negligent property owner or landlord, who may have contributed to the dangerous circumstances. An example of this would be a landlord allowing dangerous dogs on their rented property or ‘harbourers’ of dogs such as puppy mills or kennel owners.
Who is considered a dog owner?
It is useful to understand that a dog owner is broadly defined in the DOLA. Section 1 of the DOLA defines dog owner as including any "person who possesses or harbours a dog and, where the owner is a minor, the person responsible for the custody of the minor." Therefore, if you are entrusted to care for a dog for anyone else (i.e. baby-sitting a dog), you will be considered as an owner (i.e. harboring a dog) and can be held liable for damages arising out of any injuries sustained by someone from the dog under your care.
The issue of how owners of real property, in particular, landlords, can become liable for damages in dog bite or attack cases, even though the injuries sustained by the victim were caused by someone else's dog, in particular, a tenants, is subject to considerable debate and the law in this area is likely to expand.
Criminal Acts and Dogs
There is an exception to the strict liability imposed on dog owners in cases where their dog attacks a person committing a crime on their property. Section 3 of the DOLA provides that “where a person is on premises with the intention of committing, or in the commission of, a criminal act on the premises and incurs damage caused by being bitten or attacked by a dog, the owner is not liable ... unless the keeping of the dog on the premises was unreasonable for the purpose of the protection of persons or property.”
The law does also provide some special protection for certain governmental agencies and their employees (i.e., police officers, border patrol officers, etc...) who utilize dogs in the apprehension of criminal suspects or in the investigation of crimes. In such cases, it is much more difficult for the victim to claim compensation.
What to do if you have been bitten or attacked by a dog?
If you are bitten or attacked by a dog in Ontario, aside from firstly obtaining immediate medical attention, the second thing you should do is identify and obtain the name of the dog owner. The dog owner is the person at fault for the dog bite or attack incident and liable to pay damages.
In some cases, obtaining the identity of the dog owner is simple because you already know the owner (the incident occurred at a friend or family member's home). However, in some cases, identifying the dog owner can prove problematic; the incident may have occurred in a public place, occurred in the absence of a dog owner (loose dog), an escaped dog or by a dog you do not recognize. In some cases, the dog owner may attempt to evade the location of the incident in order to hide his or her identity. In every case, the local police department, local health department and local by-law enforcement should be immediately notified. These governmental agencies may be able to assist in locating the dog and its owner.
With respect to seeking medical attention, a person bitten by any animal can be exposed to serious risk. All animals potentially carry parvovirus or rabies virus. Always consult a physician immediately after being bitten. A bite victim may also suffer serious bacterial infections, including one of the bone called osteomyelitis which can become life threatening if untreated. This is possible whether or not the animal has parvovirus or rabies virus. Always advise the local health department of a dog bite or attack.
It is very important to, as best as possible, obtain the names and contact particulars of any witnesses. It is not uncommon for dog owners to deny the incident for fear of being liable to pay significant damages. Independent witnesses can be very useful in such cases.
Also, it is crucial to obtain photographs of the injuries as soon as possible after the time of attack. It is also important to take photographs over time to show the stages of healing and document the permanency of any injuries such as scarring.
It is very important that the medical treatment you receive is well documented and that the records reflect treatment as a result of a dog bite or attack. You should advise your health care providers that your injuries are a result of a dog bite or attack and that their notes will be requested by your personal injury lawyer.
Keeping a daily record of how the incident and injuries have affected you is also a good idea. You should address the diary to your lawyer so that solicitor and client privilege may be claimed to protect the contents of the diary from having to be disclosed to the dog owner and their lawyer or insurer.
It is always prudent to consult with a personal injury lawyer experienced in dealing with dog bite or attack liability cases. The earlier you do so the better. Your personal injury lawyer can provide assistance with any by-law offence issues arising from the incident. It is not uncommon for the dog owner to be charged under local by-laws and be prosecuted under local by-laws as well as the Provincial Offences Act. It is also common for plea deals to be negotiated and your personal injury lawyer can intervene, speak to the investigators and provincial or local prosecutor and seek that the charges proceed to a trial.
Your personal injury lawyer can also take immediate steps to protect your interests such as notifying the dog owner and anyone else at fault of your intention to seek compensation. Your personal injury lawyer can also secure photographs and witness statements. In the event the dog owner is not identified, your personal injury lawyer can also assist in locating the dog owner through the use of investigative techniques.
It is important to note that it is prudent to consult a personal injury lawyer at any point following the dog bite or attack incident, even months later. You can claim compensation even months later. However, there is a statutory time limit by which you can forever be barred from advancing a claim.
Limitation Period - Can I lose my right to sue?
At the time of writing this article (2011), the limitation period by which a right to seek compensation through a Court action, expires 2 years from the date of the dog bite incident.
If you do not commence a legal proceeding within the time period prescribed by law, your right to make that claim is forever lost. Even the very best claim disappears simply because of the expiry of that period of time. This time period is called a limitation period. It is also often called a prescription period.
Can someone receive compensation if the dog attack did not result in a bite or where there was no physical contact with the dog - emotional trauma?
The Courts have clearly stated that in order for the provisions of the DOLA to apply or for damages to be awarded, there need not be an actual bite or physical contact with a dog. If a dog causes injury, be it physically, psychologically or emotionally, the victim can nevertheless receive compensation regardless of whether or not the dog actually bit or attacked the victim. Also, the Court has awarded damages in cases where a dog has caused physical injuries to another dog. Damages have been awarded for pain and suffering, emotional trauma, emotional suffering, emotional distress, nervous shock, injury to health, loss of amenities of life, loss of enjoyment, personal inconvenience, medical expenses, loss of income, loss of competitive advantage, loss of business opportunity and other special and general losses.
Who is financially responsible to pay damages arising from a dog bite injury claim ?
All dog owners should understand their potential liability in the event their dog bites, mauls or, heaven forbid, kills someone. Even a single bite or dog attack can cost a dog owner tens of thousands of dollars. Litigation alone (aside from any award of compensation) can cost tens of thousands of dollars, sometimes as much as one hundred thousand dollars. Insurance coverage might not apply in every case. In some jurisdictions, if the dog bite or attack is especially serious, the dog owner may be incarcerated and spend time in jail. Criminal charges, although relatively rare, can be advanced in cases where the dog attack was particularly severe and the owner is judged to have been unreasonably careless or grossly negligent (see section 18 of the DOLA which provides for incarceration of up to 6 months).
The dog owner and anyone else found responsible for the injuries sustained by the victim will be held liable to pay the damages. However, in many circumstances, the damages (compensation) are a covered loss under many home owners insurance policies. This is true in many cases regardless of whether the incident occurred at home or elsewhere. Care should be made to review the policy however as each policy is different. Accordingly, the compensation will be paid by the insurance company in most cases.
If you are a dog owner and have been notified of a claim, the notice should be immediately provided to your insurer. Failure to provide prompt notice or steps taken without the consultation with the insurer which prejudices the insurer may result in coverage being denied, in which case, the compensation will need to be paid personally.
In many cases, even bankruptcy will not absolve a dog owner from paying compensation as there are provisions in the Federal Bankruptcy and Insolvency Act which makes these types of awards exempt from being excused in discharge from bankruptcy.
Monetary Damages
In Ontario, there are generally two types of damages, damages that can be calculated (pecuniary damages) and damages that cannot be calculated (non-pecuniary damages). The type of damages an injured person is entitled to receive depends on the circumstances of each case. However, the damages can include general damages for pain and suffering (non pecuniary damages), various types of special damages such as out of pocket expenses (pecuniary damages), loss of income, loss of business opportunity, loss of competitive advantage, medical expenses, rehabilitation expenses and home care expenses, loss of care, guidance and companionship.
Quasi-Criminal Sanctions and Non-Monetary Remedies
The DOLA and the single regulation enacted pursuant to the DOLA (Ontario Regulation 157/05 – Pit Bulls Regulation) deal almost exclusively with the regulation of dangerous dogs at the provincial level. For the most part, the DOLA addresses non civil issues relating to dogs and concentrates in quasi-criminal issues and the prosecution of dog owners under the Ontario Provincial Offences Act.
Under the DOLA and local by-laws, a Court can order a dog owner to take certain specified precautionary steps to better control their dog (such as a muzzle order) or even order the destruction of the dog. The specific order or orders will depend on the circumstances of the case such as what the dog has done and the consequences thereof and on the dog owner’s conduct or lack thereof. The Court will be concerned with the safety and protection of the victim and also of the public at large.
The DOLA contains a very vaguely-worded statutory provision which provides the Court with significant discretion when dealing with serious dog attack or bite cases. Section 4(3)(b) of the DOLA states that the Court may order a dog owner to “take the measures specified in the order for the more effective control of the dog or for purposes of public safety.” This is very vague wording and hence means that the Court can make any order it deems necessary in the name of “public safety”. The Court, arguable, can even make a declaration that a person be ineligible to own a dog permanently or for a specified period of time.
Conclusion
The dog bite and dog attack laws in Ontario are now fairly clear. Owners of dogs who injure other persons will, in most cases, be held strictly liable to the victim for damages and will need to pay fair and reasonable financial compensation.
There are many factors which can play a role in dogs attacking or biting someone. They include learned behavior, sickness, pain, fear, fear aggression, dominance behavior, territoriality, reactive aggression, breed, provocation and poor socialization. Whether or not a dog will bite or attack is unpredictable. Even the best owners can have dogs that bite or attack unpredictably.
In every case, the best tool is prevention. In this regard, some good advice for dog owners when it comes to liability for dog attacks and/or bites is to take all steps possible to prevent your dog from injuring others. Properly train and socialize your dog, train and socialize early and consistently. Do not let your dog run at large - run around loose. Recognize triggers and signs of aggressive behavior. Take care when your dog is around strangers, especially children. Post signs on your property warning others that there is a dog on the property. Ensure your dog is in good health with no medical reasons for him to react aggressively because of pain.
For dog owners, the best advice is to become educated on how to be safe in the presence of dogs and to take appropriate precautions. Teach children how to behave around dogs and recognize indicators of dangerous dogs or dangerous situations. For instance, teach children skills such as never pet a dog until it has had a chance to smell you, never disturb a dog who is eating, caring for its puppies or sleeping, never run from a dog and try to avoid eye contact with dogs. Most dog bites or attacks occur between people and dogs that are familiar with one another.
To find out more about your rights and interests in dog bite cases, please contact a personal injury lawyer specializing in dog bite and attacks. At the Ottawa Personal Injury Law Firm of Quinn Thiele Mineault Grodzki LLP, we specialize in dog bite injury cases and have obtained millions of dollars in compensation for our personal injury clients.
If you or someone you love has been involved in a dog bite injury, you have every right to seek damages. If you have suffered injuries because of a dog bite incident occurring on private or commercial property, contact our law office today for a free consultation with an Ontario personal injury lawyer about your legal options. We offer free consultations. We only get paid if we settle your case. Call us at 613-315-4878 or 613-563-1131 (ask for Marc-Nicholas Quinn).
There is no guarantee that your dog will not bite or attacks someone. Even the most responsible owners are at risk of their dog attacking. If your dog bites or attacks someone, we can answer your questions and offer legal advice. We can advise you of your rights, interests and obligations under the law. If you do not have insurance covering the loss, we can defend any claims, court action or prosecution. Call us at 613-315-4878 or 613-563-1131 (ask for Marc-Nicholas Quinn). Visit us at www.pqtlaw.com or www.ottawapersonalinjurylawyernetwork.com.
ABOUT THE AUTHOR: Marc Nicholas Quinn has practiced personal injury law in Ottawa, Ontario since 1997 and is a founding partner of the Ottawa Law Firm, Quinn Thiele Mineault Grodzki LLP, Ottawa Personal Injury Lawyers. His practice is focused on personal injury, insurance and disability law. He is a trained general mediator, court connected mediator and teaches law at various post-secondary institutions in Ottawa. He is recognized as an experienced and respected lawyer in personal injury law and has extensive experience dealing with dog owner liability issues, both on behalf of dog owners and victims of dog bites and attacks. He has obtained millions of dollars in compensation for his personal injury clients.
LEGAL NOTICE: The views expressed and information provided in this article is not intended to be legal advice in any way and should not be relied on as such. This article is intended to offer general comments and views and is not intended to provide legal opinions. Readers should seek legal advice on the particular issues that concern them. All cases are different and the application of the law to even the slightest set of different facts can result in different legal outcomes. Before any decision is made in relation to your case, you should consult a lawyer. © All Rights Reserved 2011-2012 - Marc Nicholas Quinn, Ottawa Personal Injury Lawyer.
By: Marc-Nicholas Quinn, Ottawa Personal Injury Lawyer
This article addresses many of the issues surrounding dogs and liability in the context of the law in Ontario as it exists in 2011 and will provide you with valuable information about dogs and liability, no matter which side of the leash you are on.
It is said that dogs are a person's best friend. They are always there for us, for protection, for care and love. However, in a single bite, the lives of countless people have forever been profoundly changed. Dogs can be extremely loyal, loving and caring pets. Despite the close relationship between dogs and humans, dogs can cause serious injury, permanent physical and emotional scaring and in some cases, dog bites or attacks can be fatal. Dogs of all sizes and breeds are capable of seriously harming or killing human beings. Even the most timid dogs can bite or attack.
There is considerable debate as to whether or not certain breeds of dogs are more dangerous than others and more likely to bite or attack. This has resulted in certain protective legislation targeting certain breeds. For instance, in Ontario, with few exceptions, pit bulls are banned pursuant to the Dog Owners' Liability Act and Public Safety Related to Dog Statute Amendment Act, 2005. Regardless of the size or breed of dog, owners have legal responsibilities to their pets as well as to any person, pet or property that may come into contact with their dog. Dog owners should be aware of their legal responsibilities and the risks involved in ownership.
Any person injured as a result of a dog in Ontario is entitled to seek compensation. This article addresses, in a general way, the legal rights and interests of victims of dog bites and dog attacks.
What happens when a dog bites and injures someone? In most cases, dog owners are financially and legally responsible for any injury or property damage their pets cause. In most, but not all, cases, the dog owner's home insurance policy will cover the damages. If your dog bites or attacks someone, you can, in some cases, lose your dog or your homeowner's or renter's insurance. If you lose your insurance coverage with your current insurer, you may not be able to obtain coverage from any other insurance company. If you own a dog and haven't looked at your policy, it's a good idea to get out your policy and review the fine print.
If your dog bites and injures someone, you could end up paying significant monetary damages. Even if your dog doesn't have a history of biting, attacks or vicious behavior, you can nevertheless be held liable. It is prudent to verify with your insurance agent or insurance company annually to ensure you have appropriate insurance coverage.
In the past, the law as it pertained to protecting victims of dog bites and attacks was limited. Victims of dog bites or attacks could only rely on the general principles of common law (judge made law as opposed to legislation) and an ancient doctrine of law called scienter (in English, meaning “foreknowledge”). In order to successfully obtain fair compensation, victims had to establish clear negligence on the part of the dog owner, using general principles of negligence law. Scienter required the victim to identify the dog, identify the dog owner and prove the dog owner knew their dog had a propensity to bite or attack.
Today, things are very different and the onus is now on dog owners to show why they should not be held responsible to pay compensation to dog bite injury victims.
Statutory Obligations and Liability - Strict Liability
Ontario law places strict liability on owners of dogs for any injuries causes by their pets.
If you have been bitten, attacked or otherwise injured by a dog in Ontario, you have certain rights and remedies available to you through the various legal principles that apply to dogs and their owners.
In terms of statutory provisions, the relevant provincial law is as follows:
The law in Ontario for dog bites is governed by the Dog Owners’ Liability Act, R.S.O. 1990, Chapter D.16 ("DOLA").
The DOLA states that it is the owner of the dog who is liable and the liability is held to a strict standard. Pursuant to the cases (case law) that have interpreted and applied the provisions of the DOLA, dog owners are strictly liable for any damage or injury caused by their dogs.
Strict liability is the legal responsibility for damages, or injury, even if the person found strictly liable was not at fault or negligent. If you are injured by a dog, you generally do not need to prove the intent, negligence or fault of the dog owner. Liability will be found even if the dog owner acted completely reasonably.
What does this mean? In simple terms, if you are injured by a dog, you need to identify the dog owner, prove that their dog injured you and then, the dog owner is automatically responsible to pay you damages. The amount of damages is assessed by the Court. If the case settles prior to trial or prior to a Court action having been commenced, the amount is determined on the basis of legal research completed by your personal injury lawyer. A personal injury lawyer can provide a range of monetary damages within which a settlement would be reasonable.
In some cases, the amount of the damages an injured person is awarded can be reduced because of contributory negligence. This occurs when the Court believes that the injured person acted in such a way to make them partially responsible for the dog bite or attack injury. This only occurs in some cases and usually involves incidences where the victim for whatever reason unreasonably provoked the dog in some way to behave violently.
The finding and extent of contributory negligence is wholly dependent upon the circumstances of each individual case. The incident in question would be reviewed to determine if the dog attack victim provoked the dog in some way. In cases of children being injured, the analysis is based on whether or not the child's parent or guardian failed to properly supervise the child, and also if the child unreasonably provoked the dog. In most cases, there is no contributory negligence found.
There is a general overriding obligation on dog owners to ensure that their dogs behave safely and do not injure others. Section 5.1 of the DOLA provides that “each owner of a dog shall exercise reasonable precautions to prevent it from biting or attacking a person or domestic animal; or behaving in a manner that poses a menace to the safety of persons or domestic animals.”
In terms of civil liability, section 2 of the DOLA provides that the owner of a dog is liable for damages resulting from a bite or attack by the dog on another person or domestic animal. Where there is more than one owner of a dog, they are jointly and severally liable under this section.
A person injured by a dog does not need to prove that the owner of the dog knew their animal was dangerous. Section 3 of the DOLA provides, in part, for the extent of the liability of dog owners. Section 3 states, in part, as follows: “The liability of the owner does not depend upon knowledge of the propensity of the dog or fault or negligence on the part of the owner.”
In some cases, the injured person's damages can be reduced if the dog owner can establish that the injured person acted unreasonably. Section 3 of the DOLA further states that “the Court shall reduce the damages awarded in proportion to the degree, if any, to which the fault or negligence of the plaintiff caused or contributed to the damages.” It is rare to see damages reduced under this provision.
Ottawa City By-Law Respecting Animal Care and Control - BY-LAW NO. 2003 - 77
Most municipalities have by-laws respecting animals, including dogs. For instance, the City of Ottawa has a general by-law respecting the obligations of dog owners. It is called "A by-law of the City of Ottawa respecting animal care and control." The by-law places a general onus on dog owners to ensure that their dogs do not bite or otherwise injure persons in Ottawa. It also imposes the obligation on all dog owners to maintain control of their dogs at all times and to keep them on leashes except for specified areas. All dogs must be registered with the municipality. The by-law provides for sanctions and penalties to anyone who breaches the provisions of the by-law.
Pit Bulls
Special legislation was enacted in 2005 to specifically deal with pit bulls in Ontario. In 2005, the Public Safety Related to Dogs Statute Law Amendment Act, 2005 was passed along with Ontario Regulation 157/05 which provides for the strict regulation and control of pit bull ownership and management in Ontario. With few exceptions for those who already owned pit bulls in 2005, the law now prohibits persons from owning, breeding, importing, abandoning or transferring pit bulls. Training pit bulls to fight or allowing them to stray is illegal. All owners of pit bulls must comply with the new regulation for pit bulls under the DOLA and the Regulation. For more detailed information visit http://www.attorneygeneral.jus.gov.on.ca.
Dog Owner’s Liability Act versus Occupier’s Liability Act
There may be situations where the Court finds that the injuries sustained by the victim are not caused by a “bite” or “attack”. Section 2 of the DOLA makes it a pre-requisite that the dog must bite or attack someone in order for the DOLA to apply. In the unusual case of the Court finding that a victim was not injured as a result of a bite or attack, the Court may nevertheless apply general negligence principles to hold the dog owner liable. The Court, in particular, can apply the provisions of the Occupier’s Liability Act, R.S.O., 1990, c.O.2 to hold the dog owner liable not as a dog owner per se but as a property owner; providing the incident occurred at the dog owner’s real property, premises or home. Section 3(1) of the Occupier’s Liability Act provides that: “An occupier of premises owes a duty to take such care as in all the circumstances of the case is reasonable to see that persons entering on the premises, and the property brought on the premises by those persons are reasonably safe while on the premises.” Therefore, if someone is injured by a dog but it is not by a bite or an attack, liability can nevertheless be found either in general negligence, or under the provisions of the Occupier’s Liability Act.
Can someone other than a dog owner also be held liable?
Yes. An owner of a dog can in certain circumstances, prove, that someone else contributed to the incident and seek that the other person partially or fully indemnifies them for the compensation /damages they are ordered to pay an injured person.
If the victim is able to prove that the property owner, aside from the dog owner, exercised control over and assumed responsibility over the property and/or the dog, the victim can pursue a claim for compensation against the property owner, in addition to the dog owner.
Section 3 of the DOLA further states, in part, as follows: “An owner who is liable to pay damages is entitled to recover contribution and indemnity from any other person in proportion to the degree to which the other person’s fault or negligence caused or contributed to the damages.” This provision does apply in certain circumstances. Examples of where this provision would apply include, cases where there is more than one dog involved in the incident (i.e. two dogs with two different owners attacked someone), where there is more than one owner of the dog that caused the injury (i.e. joint owners of dog) or there is a third party, such as a negligent property owner or landlord, who may have contributed to the dangerous circumstances. An example of this would be a landlord allowing dangerous dogs on their rented property or ‘harbourers’ of dogs such as puppy mills or kennel owners.
Who is considered a dog owner?
It is useful to understand that a dog owner is broadly defined in the DOLA. Section 1 of the DOLA defines dog owner as including any "person who possesses or harbours a dog and, where the owner is a minor, the person responsible for the custody of the minor." Therefore, if you are entrusted to care for a dog for anyone else (i.e. baby-sitting a dog), you will be considered as an owner (i.e. harboring a dog) and can be held liable for damages arising out of any injuries sustained by someone from the dog under your care.
The issue of how owners of real property, in particular, landlords, can become liable for damages in dog bite or attack cases, even though the injuries sustained by the victim were caused by someone else's dog, in particular, a tenants, is subject to considerable debate and the law in this area is likely to expand.
Criminal Acts and Dogs
There is an exception to the strict liability imposed on dog owners in cases where their dog attacks a person committing a crime on their property. Section 3 of the DOLA provides that “where a person is on premises with the intention of committing, or in the commission of, a criminal act on the premises and incurs damage caused by being bitten or attacked by a dog, the owner is not liable ... unless the keeping of the dog on the premises was unreasonable for the purpose of the protection of persons or property.”
The law does also provide some special protection for certain governmental agencies and their employees (i.e., police officers, border patrol officers, etc...) who utilize dogs in the apprehension of criminal suspects or in the investigation of crimes. In such cases, it is much more difficult for the victim to claim compensation.
What to do if you have been bitten or attacked by a dog?
If you are bitten or attacked by a dog in Ontario, aside from firstly obtaining immediate medical attention, the second thing you should do is identify and obtain the name of the dog owner. The dog owner is the person at fault for the dog bite or attack incident and liable to pay damages.
In some cases, obtaining the identity of the dog owner is simple because you already know the owner (the incident occurred at a friend or family member's home). However, in some cases, identifying the dog owner can prove problematic; the incident may have occurred in a public place, occurred in the absence of a dog owner (loose dog), an escaped dog or by a dog you do not recognize. In some cases, the dog owner may attempt to evade the location of the incident in order to hide his or her identity. In every case, the local police department, local health department and local by-law enforcement should be immediately notified. These governmental agencies may be able to assist in locating the dog and its owner.
With respect to seeking medical attention, a person bitten by any animal can be exposed to serious risk. All animals potentially carry parvovirus or rabies virus. Always consult a physician immediately after being bitten. A bite victim may also suffer serious bacterial infections, including one of the bone called osteomyelitis which can become life threatening if untreated. This is possible whether or not the animal has parvovirus or rabies virus. Always advise the local health department of a dog bite or attack.
It is very important to, as best as possible, obtain the names and contact particulars of any witnesses. It is not uncommon for dog owners to deny the incident for fear of being liable to pay significant damages. Independent witnesses can be very useful in such cases.
Also, it is crucial to obtain photographs of the injuries as soon as possible after the time of attack. It is also important to take photographs over time to show the stages of healing and document the permanency of any injuries such as scarring.
It is very important that the medical treatment you receive is well documented and that the records reflect treatment as a result of a dog bite or attack. You should advise your health care providers that your injuries are a result of a dog bite or attack and that their notes will be requested by your personal injury lawyer.
Keeping a daily record of how the incident and injuries have affected you is also a good idea. You should address the diary to your lawyer so that solicitor and client privilege may be claimed to protect the contents of the diary from having to be disclosed to the dog owner and their lawyer or insurer.
It is always prudent to consult with a personal injury lawyer experienced in dealing with dog bite or attack liability cases. The earlier you do so the better. Your personal injury lawyer can provide assistance with any by-law offence issues arising from the incident. It is not uncommon for the dog owner to be charged under local by-laws and be prosecuted under local by-laws as well as the Provincial Offences Act. It is also common for plea deals to be negotiated and your personal injury lawyer can intervene, speak to the investigators and provincial or local prosecutor and seek that the charges proceed to a trial.
Your personal injury lawyer can also take immediate steps to protect your interests such as notifying the dog owner and anyone else at fault of your intention to seek compensation. Your personal injury lawyer can also secure photographs and witness statements. In the event the dog owner is not identified, your personal injury lawyer can also assist in locating the dog owner through the use of investigative techniques.
It is important to note that it is prudent to consult a personal injury lawyer at any point following the dog bite or attack incident, even months later. You can claim compensation even months later. However, there is a statutory time limit by which you can forever be barred from advancing a claim.
Limitation Period - Can I lose my right to sue?
At the time of writing this article (2011), the limitation period by which a right to seek compensation through a Court action, expires 2 years from the date of the dog bite incident.
If you do not commence a legal proceeding within the time period prescribed by law, your right to make that claim is forever lost. Even the very best claim disappears simply because of the expiry of that period of time. This time period is called a limitation period. It is also often called a prescription period.
Can someone receive compensation if the dog attack did not result in a bite or where there was no physical contact with the dog - emotional trauma?
The Courts have clearly stated that in order for the provisions of the DOLA to apply or for damages to be awarded, there need not be an actual bite or physical contact with a dog. If a dog causes injury, be it physically, psychologically or emotionally, the victim can nevertheless receive compensation regardless of whether or not the dog actually bit or attacked the victim. Also, the Court has awarded damages in cases where a dog has caused physical injuries to another dog. Damages have been awarded for pain and suffering, emotional trauma, emotional suffering, emotional distress, nervous shock, injury to health, loss of amenities of life, loss of enjoyment, personal inconvenience, medical expenses, loss of income, loss of competitive advantage, loss of business opportunity and other special and general losses.
Who is financially responsible to pay damages arising from a dog bite injury claim ?
All dog owners should understand their potential liability in the event their dog bites, mauls or, heaven forbid, kills someone. Even a single bite or dog attack can cost a dog owner tens of thousands of dollars. Litigation alone (aside from any award of compensation) can cost tens of thousands of dollars, sometimes as much as one hundred thousand dollars. Insurance coverage might not apply in every case. In some jurisdictions, if the dog bite or attack is especially serious, the dog owner may be incarcerated and spend time in jail. Criminal charges, although relatively rare, can be advanced in cases where the dog attack was particularly severe and the owner is judged to have been unreasonably careless or grossly negligent (see section 18 of the DOLA which provides for incarceration of up to 6 months).
The dog owner and anyone else found responsible for the injuries sustained by the victim will be held liable to pay the damages. However, in many circumstances, the damages (compensation) are a covered loss under many home owners insurance policies. This is true in many cases regardless of whether the incident occurred at home or elsewhere. Care should be made to review the policy however as each policy is different. Accordingly, the compensation will be paid by the insurance company in most cases.
If you are a dog owner and have been notified of a claim, the notice should be immediately provided to your insurer. Failure to provide prompt notice or steps taken without the consultation with the insurer which prejudices the insurer may result in coverage being denied, in which case, the compensation will need to be paid personally.
In many cases, even bankruptcy will not absolve a dog owner from paying compensation as there are provisions in the Federal Bankruptcy and Insolvency Act which makes these types of awards exempt from being excused in discharge from bankruptcy.
Monetary Damages
In Ontario, there are generally two types of damages, damages that can be calculated (pecuniary damages) and damages that cannot be calculated (non-pecuniary damages). The type of damages an injured person is entitled to receive depends on the circumstances of each case. However, the damages can include general damages for pain and suffering (non pecuniary damages), various types of special damages such as out of pocket expenses (pecuniary damages), loss of income, loss of business opportunity, loss of competitive advantage, medical expenses, rehabilitation expenses and home care expenses, loss of care, guidance and companionship.
Quasi-Criminal Sanctions and Non-Monetary Remedies
The DOLA and the single regulation enacted pursuant to the DOLA (Ontario Regulation 157/05 – Pit Bulls Regulation) deal almost exclusively with the regulation of dangerous dogs at the provincial level. For the most part, the DOLA addresses non civil issues relating to dogs and concentrates in quasi-criminal issues and the prosecution of dog owners under the Ontario Provincial Offences Act.
Under the DOLA and local by-laws, a Court can order a dog owner to take certain specified precautionary steps to better control their dog (such as a muzzle order) or even order the destruction of the dog. The specific order or orders will depend on the circumstances of the case such as what the dog has done and the consequences thereof and on the dog owner’s conduct or lack thereof. The Court will be concerned with the safety and protection of the victim and also of the public at large.
The DOLA contains a very vaguely-worded statutory provision which provides the Court with significant discretion when dealing with serious dog attack or bite cases. Section 4(3)(b) of the DOLA states that the Court may order a dog owner to “take the measures specified in the order for the more effective control of the dog or for purposes of public safety.” This is very vague wording and hence means that the Court can make any order it deems necessary in the name of “public safety”. The Court, arguable, can even make a declaration that a person be ineligible to own a dog permanently or for a specified period of time.
Conclusion
The dog bite and dog attack laws in Ontario are now fairly clear. Owners of dogs who injure other persons will, in most cases, be held strictly liable to the victim for damages and will need to pay fair and reasonable financial compensation.
There are many factors which can play a role in dogs attacking or biting someone. They include learned behavior, sickness, pain, fear, fear aggression, dominance behavior, territoriality, reactive aggression, breed, provocation and poor socialization. Whether or not a dog will bite or attack is unpredictable. Even the best owners can have dogs that bite or attack unpredictably.
In every case, the best tool is prevention. In this regard, some good advice for dog owners when it comes to liability for dog attacks and/or bites is to take all steps possible to prevent your dog from injuring others. Properly train and socialize your dog, train and socialize early and consistently. Do not let your dog run at large - run around loose. Recognize triggers and signs of aggressive behavior. Take care when your dog is around strangers, especially children. Post signs on your property warning others that there is a dog on the property. Ensure your dog is in good health with no medical reasons for him to react aggressively because of pain.
For dog owners, the best advice is to become educated on how to be safe in the presence of dogs and to take appropriate precautions. Teach children how to behave around dogs and recognize indicators of dangerous dogs or dangerous situations. For instance, teach children skills such as never pet a dog until it has had a chance to smell you, never disturb a dog who is eating, caring for its puppies or sleeping, never run from a dog and try to avoid eye contact with dogs. Most dog bites or attacks occur between people and dogs that are familiar with one another.
To find out more about your rights and interests in dog bite cases, please contact a personal injury lawyer specializing in dog bite and attacks. At the Ottawa Personal Injury Law Firm of Quinn Thiele Mineault Grodzki LLP, we specialize in dog bite injury cases and have obtained millions of dollars in compensation for our personal injury clients.
If you or someone you love has been involved in a dog bite injury, you have every right to seek damages. If you have suffered injuries because of a dog bite incident occurring on private or commercial property, contact our law office today for a free consultation with an Ontario personal injury lawyer about your legal options. We offer free consultations. We only get paid if we settle your case. Call us at 613-315-4878 or 613-563-1131 (ask for Marc-Nicholas Quinn).
There is no guarantee that your dog will not bite or attacks someone. Even the most responsible owners are at risk of their dog attacking. If your dog bites or attacks someone, we can answer your questions and offer legal advice. We can advise you of your rights, interests and obligations under the law. If you do not have insurance covering the loss, we can defend any claims, court action or prosecution. Call us at 613-315-4878 or 613-563-1131 (ask for Marc-Nicholas Quinn). Visit us at www.pqtlaw.com or www.ottawapersonalinjurylawyernetwork.com.
ABOUT THE AUTHOR: Marc Nicholas Quinn has practiced personal injury law in Ottawa, Ontario since 1997 and is a founding partner of the Ottawa Law Firm, Quinn Thiele Mineault Grodzki LLP, Ottawa Personal Injury Lawyers. His practice is focused on personal injury, insurance and disability law. He is a trained general mediator, court connected mediator and teaches law at various post-secondary institutions in Ottawa. He is recognized as an experienced and respected lawyer in personal injury law and has extensive experience dealing with dog owner liability issues, both on behalf of dog owners and victims of dog bites and attacks. He has obtained millions of dollars in compensation for his personal injury clients.
LEGAL NOTICE: The views expressed and information provided in this article is not intended to be legal advice in any way and should not be relied on as such. This article is intended to offer general comments and views and is not intended to provide legal opinions. Readers should seek legal advice on the particular issues that concern them. All cases are different and the application of the law to even the slightest set of different facts can result in different legal outcomes. Before any decision is made in relation to your case, you should consult a lawyer. © All Rights Reserved 2011-2012 - Marc Nicholas Quinn, Ottawa Personal Injury Lawyer.
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