Remedies and Compensation for Injuries Caused by a Fall

Case law has developed the principles applicable in the case of a fall causing bodily injury.

These principles can be summarized as follows:

• The owner of the premises is not the pedestrian insurer;
• The victim must prove the fault of the owner;
• The owner has an obligation to maintain the premises in a safe manner;
• The owner does not have to foresee all eventualities, but must exercise reasonable vigilance to prevent those that are normally foreseeable.

We illustrate some common cases of falls causing bodily harm: snowy sidewalk, slippery floor or floor, hole in the roadway and fall on a bicycle.

Falling on a snowy sidewalk in winter

To be entitled to a recourse before the courts following a fall on a roadway or sidewalk, the same three criteria of civil liability apply: fault, damage and causal link.

It should be noted that in proceedings against cities and municipalities, in addition to the Civil Code, the Cities and Towns Act applies.

As an example, let’s take the case of a woman who fell on a snow-covered sidewalk after a storm and fractured her ankle. Photographs taken at the time of the accident show the presence of a patch of black ice and the absence of an abrasive. Following the accident, the woman was off work for several months and followed in physiotherapy.

Who is responsible for this misfortune? Is the city automatically responsible for this fall?

Not necessarily. Indeed, there is no presumption of fault with regard to cities and municipalities. The onus is on the applicant to prove the municipality’s negligence, i.e. that it did not take the necessary precautions to ensure the safety of pedestrians.

In winter, the city can reasonably be expected to clear snow-covered sidewalks and apply de-icing salt. However, its responsibility will not be automatically engaged as soon as someone suffers a fall on its territory. The different circumstances of the accident must be taken into account, such as the climatic conditions and the type of shoes worn by the victim.

Fall on a slippery floor without warning

There are several ways to prove fault if you have fallen on a dirty or slippery floor.

A classic example is that of a restaurant employee washing the floor and failing to put a slippery floor warning. In this case, we can demonstrate that he did not act as a prudent and diligent person by failing to put a warning.

Another common example in winter: the owner of a building who fails to put a carpet at the entrance to avoid an accumulation of water. In a similar situation, the Court recognized the responsibility of a ski resort that failed to install a mat at its entrance. The judge concluded that this defect constituted a risk of danger and therefore a fault for the safety of users.

Even when the fault is clearly established, there are certain situations where the victim must assume some of the responsibility. For example, when you go to the pool or spa, it is to be expected that the floor as well as the steps may be slippery and take necessary precautions to avoid an accident.

Fall due to a trap in the pavement

If you have stumbled on a damaged roadway with holes or on a sagging sidewalk with a significant drop in level, this may be a trap within the meaning of the case law. The trap is defined as the presence of a state of abnormality, surprise, or danger.

Cities have an obligation to properly maintain their pavements in order to make them safe. However, the courts have established that they cannot be required to hold a standard of perfection.

In addition, to assess the fault, it is necessary to look among other things at the lighting at the time of the accident as well as the knowledge of the place by the victim. If the accident occurred in front of the victim’s residence, it is difficult to blame the municipality.

Contact our firm if you have suffered a fall on a poorly maintained sidewalk to file a lawsuit against the city.

Fall in the parking lot of a store

To be entitled to a remedy following a fall in a store or in the parking lot of a shopping center, it is not enough only to prove a fall.

It is necessary to prove that the owner of the premises or his servants committed a fault by failing to maintain the premises properly. Indeed, the owner must maintain his premises in a safe state and maintain it so that the people who must use it can circulate safely.

Evidence of lack of abrasive after a storm or temperature drop will demonstrate a lack of maintenance. However, the owner does not have an obligation to foresee all situations and possibilities of accidents. It must be considered whether the accident was foreseeable and whether a prudent and diligent person would have put an abrasive in order to avoid the accident.

Trauma caused by a fall on a bicycle

If you are the victim of a bicycle accident, you can, in some cases, sue the city or a third party.

As an example, let’s take the case of a person who suffers a fall on a bike while walking on a bike path. The following are the main issues to be decided by the Court:

• Is the plaintiff’s fall related to a fault attributable to the City or to a third party, such as the Ministère des transports or another citizen?
• Should the fault be shared with the cyclist and in the affirmative, to what extent?

The fault may be the lack of adequate signage to prevent accidents involving cyclists on a potentially dangerous surface. It can be a spacing in the pavement, which is a trap, or a poorly installed plank. Wear or mold on a wooden surface deck can also be a fault within the meaning of the law.

In the absence of a trap, the fault can be established by a dangerous configuration of a place. Indeed, negligence can carry the responsibility of the city if we can demonstrate that the premises, by their configuration and lack of adaptation, led to a risk to the safety of users.

Accident while helping his neighbor

It often happens that a neighbor or a friend asks us for help, whether for a move, renovation or other. In unfortunate cases, an accident may occur.

As a general rule, the person who asks you for help with his work is obliged to ensure you a place free of danger. If applicable, it must provide you with the necessary instructions for using the tools.

For example, if someone asks you for help clearing their roof, but doesn’t make sure of your safety, they may be responsible if they fall from you.

Legal action to obtain compensation

The consequences of a fall are serious and a victim of such an accident has the right to compensation for his damages, which can be numerous.

If you have been on sick leave, which has resulted in a loss of salary not covered by your insurance company, it is within your right to be compensated. In addition, moral damage, such as pain, moral suffering and loss of enjoyment of life, can be significant and are compensable.

While justice can be lengthy, the compensation you are entitled to can make a big difference in the quality of your life.

Each case is a case in point. Contact our firm in case of dispute.

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