Car shelters, also known as Tempo shelters, are a good alternative to snow removal services. On the other hand, negligence during their manufacture, installation, use or maintenance can have serious and even tragic consequences.
If, for example, your neighbor’s carport flies away and falls on your car, breaking the window, would you be entitled to compensation? And if your own carport collapses and you suffer fractures, can you claim damage from the manufacturer?
In the text below, Me Lambert explains the cases in which you may be entitled to legal recourse and the steps to be taken to do so.
Responsibility for the autonomous fact of a property
According to article 1465 of the Civil Code of Québec, the custodian of property may be held liable for the autonomous act of the property:
The custodian of a property is obliged to make reparation for the damage caused by the autonomous act of the property, unless he proves that he has committed no fault.
For your case to be a winner, you will need to establish:
- the harm you have suffered;
- that this damage was caused by the autonomous fact of the carport, i.e. there must have been no direct human intervention, that the property was in motion or activity (and not merely passive); and
- that the person you are suing had custody of the shelter. Custody is determined by analyzing who, at the time of the accident, had the power to control, supervise and direct the property that caused the damage.
If you can demonstrate the above three elements, the shelter keeper will be presumed responsible for your harm and it will then be up to him to establish that he is not.
Indeed, if the custodian can demonstrate that he has taken all reasonable precautions to avoid foreseeable hazards, or if it proves that the harm resulted from a force majeure, by a third party or the victim himself, he will only be deemed liable for the damage caused (or he will only be partially liable, as the case may be).
In a case before the Court of Quebec, a man’s carport flew away and fell on the car of his neighbor, who decided to sue him. While the man alleged that it was a case of force majeure, citing the wind as the reason for the accident, his neighbor claimed that the damage was rather attributable to the improper installation of the shelter. The Court found that, on the day of the accident, the winds were not sufficiently exceptional or unpredictable to be considered force majeure. The man therefore failed to demonstrate that he had properly secured the shelter and was unable to discharge the presumption of responsibility.
Damage caused by a defective shelter
When you buy your carport, you should be able to expect it to work as intended, which includes safe use of it. The merchant must ensure that the property does not pose a danger – within reasonable limits and according to the characteristics of the product – to the health and safety of the user.
To be entitled to a remedy, you will have to establish the existence of fault, damage, and a causal link between these two elements.
Existence of a fault
It is first necessary to determine the existence of a fault and identify its perpetrator. Please note that, according to articles 1468 and 1730 of the Civil Code of Québec and articles 53 and 54 of the Consumer Protection Act, you can sue not only the seller, but also the distributor, supplier, importer and manufacturer of the product.
Have you signed a contract that excludes the seller’s liability? If the latter knew or should have known of the defect affecting the quality or safety of the good and which did not reveal it to you, he can not limit his liability, regardless of what is written in the contract.
Establish your prejudices
You will then have to show that the malfunction of your Tempo shelter has caused you harm, including, among other things:
- Medical expenses;
- Pain and suffering;
- Property damage;
- Loss of wages;
- Various other disorders and disadvantages.
Causation
Finally, you will have to establish a causal link between the fault committed and the damage. The behaviour of the seller – or other intermediaries – must have caused the damage suffered by the victim of the malfunction of the carport. This is the case of a product that has been damaged due to negligence during its manufacture, transport or storage. If the defect resulting from such negligence is the reason why the shelter collapsed, the causal link will be established.
The fault shared between the manufacturer and the victim
On the other hand, you, as a victim, may be held liable, in whole or in part, for the damage you have suffered.
Here are some examples to illustrate the victim’s fault or shared fault:
- You did not follow the instructions for installing the shelter well, and the shelter flies away and destroys part of your fence.
- Despite warnings and maintenance tips, you have not cleared the roof of the shelter. It collapses, causing damage to your car.
- You climb on the shelter, it collapses on you and you break a leg. You have used it for purposes other than those for which it is intended.
- You knew or were able to know the safety defect of the shelter because it was crooked, the canvas was torn, etc.
Claim for damages resulting from damage
If you have suffered harm in connection with a carport and you believe that its owner was negligent in its installation or maintenance, you may be entitled to claim damages.
In addition, if you have suffered harm as a result of a lack of security of your shelter, you can sue the manufacturer, distributor or supplier of the product in court.
Remember that each case is different and that the facts of yours can vary your chances of success. Contact our office now so that we can do an analysis of your file.
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