If you have suffered bodily injury as a result of an accident and there is an injury to your physical integrity (functional limitations, paraplegia, quadriplegia, etc.), the liability of the offender may be engaged. The law even provides in some cases for a presumption of liability.
Here are some cases that frequently occur in our civil liability cases.
You have suffered a fall
Every homeowner has a duty of maintenance with regard to his property to prevent accidents. So, when there is a risk of danger without sufficient indication (insufficient lighting, slippery sidewalk, collapsing balcony, absence of ramp in a staircase, hidden hole), it 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 shows that he was not diligent; for example, when she was familiar with the scene where the accident took place, or if she was not wearing her winter boots when she slipped on the sidewalk.
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You were injured in a building in poor condition
The Civil Code of Québec engages the responsibility of the owner in the event that an individual is injured by the total or partial ruin of his building (a staircase that falls, a roof that collapses). 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, it happens in some cases that the owner is not held responsible if he demonstrates that the accident was unforeseeable, either a case of force majeure, 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 reparation for this damage. It is important to emphasize that at the legal level, there is no distinction between the rightful owner of the animal and the custodian, i.e. the one who had the animal in possession when the accident occurred; the latter is as liable as the owner with regard to the obligation to make reparation for 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 results from force majeure, the fault of a third party or of 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
- Responsibility of holders of parental authority
- Responsibility of the caretaker, supervisor and educator
- Liability for property
- Liability of the manufacturer, distributor and supplier
Please note that in the case of an automobile accident, you must make a claim to the SAAQ. In terms of work accidents, it is the CNESST that compensates the victims.
Contact us for more information.
In the majority of our files, we accept a percentage agreement, that is, an agreement based on the amount that will be collected from the opposing party.
Read the civil liability file
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