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Spring Update: Trip and Falls on Private Property

This article is about trip and falls that happen on private property like someone’s home, their driveway, walkway or lawn. For more information about trip and falls on Commercial Property or on Public Property, please see related articles.

Common causes of trip and falls on private property

Spring thaw brings with it the potential for uneven footpaths, loose steps, cracks in the ground and obstacles like fallen branches and other yard debris. Spring also marks the start of the renovation season and the dangers of temporary construction projects. There are other year-round dangers within the home as well, like slippery floors or poorly placed furniture.

Courts Take a Hard Line Approach on Issue of Cell Phone Use While Driving

The dangerous link between cell phones and driving is well established. Besides being a frequent source of distraction, cell phones have been found to also significantly increase the chances of an accident. For instance, a study by Sunnybrook Hospital found texting while driving to be nearly ten times more dangerous than applying makeup while driving.[1]

Preventing Burn Injuries

For many Canadians summer is an opportunity to bring out the BBQ or sit around a campfire and enjoy being outdoors. On other special evenings during the summer, friends and family may get together to watch or set off fireworks. These events are fun and meaningful, but they also present significant burn and scalding risks for everyone involved.

Trip and Falls on Public Property

The threat of slip and falls is a common winter-time conversation topic. Trip and falls receive less attention but can be just as dangerous. This article examines the components of a successful trip and fall claim against a city or municipality, as set out in a recent Ontario Superior Court decision.

Conflicting Medical Expert Assessments

Expert assessments by medical and health practitioners play an important role in personal injury law. However, it is not unusual for expert assessments to differ or conflict on certain points. In a recent case, the Ontario Superior Court addressed the issue of how to treat conflicting expert assessments.

Menacing Dogs and Dog Attacks Causing Personal Injury

Dog attacks are a common source of personal injury in Canada, especially among children. A recent Canadian study found more children are admitted to hospital because of dog bites than other injury.

1. These injuries are often serious, frequently requiring surgical intervention and/or numerous stitches.

2. There are other costs and consequences as well, including emotional distress and out-of-pocket medical expenses.

Study Reveals Extent of Traumatic Brain Injuries

New research shows the effects of traumatic brain injuries among youth are more extensive than previously thought. According to this recent study, nearly 20 percent of Ontario students in Grades 7 through 12 have suffered from some form of traumatic brain injury. The definition includes any students who have either lost consciousness for more than 10 seconds or stayed at a hospital overnight because of head trauma.

Sports are the leading cause of brain injuries among youth, hockey and soccer in particular. Motor vehicle accidents and dangerous property conditions are other common causes. Among adults, motor vehicle and workplace accidents are among the leading causes.

The Importance of Waiting for a Clear Prognosis Before Settling Your Injury Claim

A settlement represents one possible resolution to a legal dispute. In personal injury law, a settlement involves the claimant accepting a final damages sum in compensation for their injuries. Settlements are “full and final”, meaning there cannot be any future requests for any more compensation relating to the same claim.

Medical Conditions and Motor Vehicle Accidents

The Province of Ontario recently agreed to 19 recommendations prepared by Ontario’s Ombudsman in its recent report on medical fitness and driving. The Ombudsman’s report itself follows from a string of recent deaths involving persons found to have been medically unfit to drive.

How to Get the Most of a Claim when Your Vehicle is Written Off

After a motor vehicle accident, an insurer will make a decision whether to pay to repair a damaged vehicle or to write it off and pay a lump sum to its owner. The decision to write off a vehicle is typically made where the cost to repair the vehicle is more than its market value . The market value is calculated to be the amount the car would reasonably have sold for, if it had been sold the day before the accident.

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