If you have suffered bodily injury as a result of an accident and your body is injured, the offender’s liability may be incurred. The law even provides in some cases a presumption of responsibility. So you need an expert of law Marie Napoli.
Here are some cases that happen frequently in our liability files.
You suffered a fall
Every owner has a duty of care regarding his property to prevent accidents. Therefore, when there is a risk of danger without sufficient indication (insufficient lighting, slippery sidewalk, collapsing balcony, no ramp on a staircase, hidden hole), he will be held responsible for the injuries caused to the victim.
However, in some cases, the victim will not be able to obtain full compensation if the evidence proves that it was not diligent; for example, when she knew the place where the accident occurred, or if she did not wear her winter boots when she slipped on the sidewalk.
You hurt yourself in a building in poor condition
The Civil Code of Quebec engages the responsibility of the owner in the event that an individual is injured by the total or partial ruin of his building (a falling staircase, a falling roof). There is a presumption of liability if the victim succeeds in establishing that the damage is due to a construction defect or a lack of maintenance.
On the other hand, in some cases, the owner cannot be held responsible if he shows that the accident was unforeseeable, i.e. a case of force majeure, the fault of a third party or the victim.
You have been bitten by a dog
The law provides that the owner of an animal is presumed to be responsible for the damage caused by his animal and that he must make good that damage. It is important to note that, at the legal level, there is no distinction between the legitimate owner of the animal and the keeper, the one who had the animal in possession when the accident happened; the latter is also liable to the owner for the obligation to make good the damage suffered by the victim.
The owner or custodian may, however, be exempted from liability if he succeeds in demonstrating that the damage caused to the victim is the result of force majeure, the fault of a third party or the victim himself.
Other situations of bodily injury
There are other situations where you can get compensation for your bodily injury:
- Medical error
- Boat, train or plane accident
- Liability of the holders of parental authority
- Liability of guardian, supervisor and educator
- Liability for property
- Liability of Manufacturer, Distributor and Supplier