Things to consider About Dog Owner’s Liability Act

Injury Lawyer

Even though the legislation on the territory of the province of Ontario would usually take a social approach of regulation, the Dog Owner’s Liability Act is one which takes a turn and offers quite stringent stipulation. It was thoroughly enacted back on the 31st of December in 1990 and it hasn’t been changed ever since. This is something that should tell you that the legislation is one that manages to serve the purpose of society and to offer an approach which is permanent and sustainable.

Liability in a dog bite case

However, the liability set forth might be rather questionable to say the least. The truth is that the Dog Owner’s Liability Act sets fort incredibly strict liability. The provisions stipulate that every owner of a dog is responsible for all sorts of damages caused by an attack of their domestic animal to a human or other domestic animal, regardless of the fact whether or not the owner was present at the attack. While the premises are agreeable, the practical side of the matter remains rather questionable and probably a bit ambiguous. Is such strict liability really the right convention and does it truly protects the interests of both sides? There are different hypothesis that could be discussed that would usually exclude the responsibility of the person responsible for the actions of a third party, if we assume that the dog could be considered as such. For instance, the victim could have posed a danger to the animal or to the premises of the owner while the dog itself could have acted upon his instincts of self-preservation or to serve its purposes of a guardian animal.

Contributory negligence

These questions are attempted to be resolved later on in the act as the legislative authority sets out to balance the matter by introducing the institute of contributory negligence. This is a situation which gives right to the owner to claim contribution on behalf of the injured. He will have to prove that he’s the one that caused the attack by posing a threat to the dog, irritating it on purpose or posing general threat to the premises.

However, there are a lot of questions that could have been asked and the answer would remain only within the honest word of the injured. How can one prove that the victim contributed to the attack? Even though the injured could be asked directly, he could instantly call upon his rights against self incrimination and that would render the entire case mute. This is why it might be rather useful to take some things into thorough consideration and to revise some of the provisions which might in fact be questionable. Regardless, the legislation is stable and it seems to fit the demand of the masses. If you or a loved one has been injured by a dog, your lawyer will be able to assist and represent your rights by suing the dog’s owner.

Range Of Potential Regulative Legislation On Orthopedic Injuries

Injury Lawyer

Orthopedic injuries are without a doubt one of the widest fields in the medical science and they pose a lot of interest to practicing professionals. However, the interesting thing about them is that they are also incredibly interesting when they are looked upon on behalf of personal injury lawyers. You might ask why this is. Well, the truth is that every single accident is going to cause an orthopedic injury.

Scope of regulations

The truth is that the entire field of the personal injury law is entirely built upon and the majority of legislation in this particular regard is created in order to provide protection against suffering different orthopedic injuries caused by a wide range of accidents. However, there are a lot of various pieces of legislation which are going to provide solution for legal matters involving the reparation and compensation of orthopedic injury. As you may know, personal injury law has a wide range of sub-divisions and all of them are properly regulated by different legislative acts.

Ontario laws and regulations

The Occupier’s Liability Act, for instance, governs the situations in which a person has been injured as a result of a slipping accident on the premises of a third party. All sustained injuries, being orthopedic or other pain and suffering are capable of being compensated dully by the occupier of the premise. Of course, there are exclusive regulations but they aren’t important at the moment. This means that the orthopedic injuries in this particular case would be governed and set forth by this piece of legislation.

The Highway Traffic Act and the Insurance Act of Ontario would provide protection for orthopedic injuries sustained as a result of a motorcycle accident. Car accidents, motorcycle accidents, pedestrian and public transit accidents – all of them are common causes for orthopedic injuries and they are thoroughly regulated by this particular piece of legislation. Of course, there are other acts, provisions, stipulations and laws which might also provide insight over the subject matter but these are the general ones.

The Dog Owner’s Liability Act is a particularly interesting statutory provision which sets forth stringent liability for owners of dogs that have attacked a person. The resulted damage would definitely be classified as an orthopedic injury as regularly it involves ripped tendons and ligaments and in some occasions severely damaged structures. Furthermore, this particular type of injury might cause severe infections and complications and it needs an emergency medical attendance. That’s without a doubt a broad area of personal injury law and as such it requires thorough legislation which is dully met and offered in the face of the aforementioned regulatory provision. The act fits the requirements of society and as such it hasn’t been changed in more than 25 years.

If you have been injured in an accident leading to severe or debilitating orthopedic injuries, it is important to consult a personal injury lawyer in Toronto so that they can assist you with getting the rightful compensation.

Product Liability under the Legislation of Ontario

Injury Lawyer

Product liability is without a doubt one of the most common types of cases that are usually going to be brought in front of the court. However, there are a lot of variables that are going to have to be thoroughly considered prior to going for a case of the kind and if everything goes as the law wants it to go there isn’t going to be a need of trial in the first place. This is due to the fact that both Commercial law and the Common Law of Canada are stipulating a lot of provisions which regulate the subject matter and they provide a lot of room for out of court unofficial settlements between both parties in Brantford.

Timeline for Product return

The first thing that you need to take into thorough consideration is the fact that even if the retailer doesn’t provide you with warranty, even though is obligated to; you are legally allowed to return the product within 2 weeks of purchasing it. If you find any hidden defect which wasn’t brought to light at the moment of the purchase, you can demand that your product be repaired or that you get a new one of the same standards and quality. What you need to understand is that you aren’t obligated and you most certainly don’t have to tolerate imperfection of what you have already paid for. These rules are intended to provide the customer with the protection he needs because, after all, he is the one who is spending the money for a damaged good. However, if the store owner protests and doesn’t wish to do this, you have rights of the Brantford manufacturer’s warranty.

Suing the manufacturer

This means that you can take the dispute straight to the manufacturer. He is also legally obligated to help you out and provide you with the necessary alterations and possible repairs. However, in the majority of cases, the manufacturer would have sold the warranty to the store owner and he would be the one who’s going to be able to claim the rights under said warranty.

Only if these two paths are properly exhausted it’s going to be advisable and recommended to take the case to trial, even though the opposite parties are likely to be inclined to a settlement the moment you bring up possible trial actions. This is because they know that the law is most likely going to be on your side and that they don’t have enough chances in a potential legal dispute. However, if they go for it and they lose, they are also going to have to pay the legal charges and the attorney fees and this could get quite expensive, provided that some Brantford lawyers are definitely expensive.

That is why sometimes it is best to get the compensation in an out of court settlement and wind up the case faster. This helps you financially with the loss or sustained injuries.

Is Slip and Fall Accidents Regulated Under the Occupiers’ Liability Act of Ontario?

Injury Lawyer

You need to understand that slip and fall accidents are one of the most common causes for personal injury cases in the province of Ontario. This is mainly due to the fact that they are fairly regular and the victims are numerous. Luckily for those, if it could be called luck at all considering the injury that they have had to incur, these accidents are properly regulated and it’s really straightforward to handle a case like this in court.

The legislation which sheds light over the matter is clear, concise and comprehensive and it has been established long time ago without being changed or amended once. This speaks for the stability of the regulations which govern this particular type of accidents. Of course, the act in point is the Occupiers’ Liability Act of Ontario.

This particular piece of legislation sets forth clear parameters of the liability carried by the owner of the premise as well as the actual occupier if they are two different entities. Pay attention that they are referred to as entities because the occupier could be a judicial body and not a person in which case the former would be thoroughly liable and it would be represented by its manager or by its owner.

However, it’s worth noting that there are some extents to the liability of the owner and this is when he has rented out the premise. This is the most common case when you’ve bought a commercial building and you rent out different commercial stores located inside the building. The ones you rent them to are going to be liable if the slip and fall takes place in their shops but if the person slips and falls on the common parts of the building you are going to be the one who’s going to be liable for the damages that he has incurred. Thus, ensure that safety procedures are always maintained. This is an important part of ensuring there are no chances of injury.

Causes for accidents

There is a wide range of potential causes for slip and fall accidents. For instance, the most common one of them would be slippery surface resulted from improperly dried cleaning solutions. This is without a doubt the most typical cause for slip and fall. However, it’s important to note that in this particular case, the liability of the owner or the tenant could be properly excluded if there is a sign placed on the floor which warns those who pass by to be very careful. This is a provision which liberates the owner from liability because the logical presumption is that the person who passes is going to be aware of the danger and he’s going to take the necessary precautions, not to damage himself. However, if it does happen, hire a personal injury lawyer in Toronto to assist you with the legal proceedings to get the compensation.

How Do Insurance Companies Deal With Motorcycle Accidents?

Injury Lawyer

As the weather gets warmer throughout the spring, summer and early fall months, motorcycling becomes an overly preferred method of transportation. Furthermore, a lot of people out there would prefer this as a leisure activity and would just take their bikes out for a ride. However, this also happens to be the time of year during which the most motorcycle accidents tend to happen. The province of Ontario provides excellent cycling opportunities and conditions and this is why there are a lot of people that want to take advantage of them and take their motorbikes for the occasional spin. In any case, motorcycles might be very fun and a lot more dangerous. Accidents involving motorcycles are incredibly harmful and they would usually end up with severe complications, terrible injuries and in a lot of cases even in death.

Contractual obligation

The reasons for this are various. However, from a legal stand point it’s important to identify the relevant legislation which is governing the respective area and to draw out the proper conclusions which are going to have impact on the matter. It’s important to note that the majority of cases which involve a motorcycle accident are going to be handled by insurance companies. This is, of course, if the accident involves two parties. However, there are a lot of accidents of this particular kind which don’t. If the injured has had some insurance, then you might claim damages from the insurance company, based on the contractual obligation. Of course, in some certain occasions the company is going to refuse to pay compensatory damages and that’s when you might consider taking the case to trial.

Civil Lawsuits

This is the civil lawsuit. You are going to be in the role of the claimant as you are the one making the actual claims. The insurance company is going to be the repugnant as they are being sued. There is no defendant here as the case isn’t about criminal prosecution. You are seeking reparations for your damages as you are legally entitled to it as per your insurance policy. Of course, the insurance company is going to claim the exact opposite and that’s why you would have to rely upon the services of a professional attorney to take care of the matter. Ontario’s Limitation Act only provides you with two years to file a case if needed to get justice and compensation.

Cases of the kind are fairly rare as during the majority of times the insurance companies wouldn’t object to payments. They might claim that the payments owed are exaggerated and they are going to pay a lesser amount of money. This is also merits for a lawsuit if you manage to prove that you are, in fact, entitled to the larger amount.