Recent snowstorms and temperature differences are raising concerns about a possible roof collapse. Indeed, a significant accumulation of snow and / or ice on the roof can cause subsidence.
The roof of a building collapsed under the weight of snow and you broke your leg? Have you been stuck in the rubble for hours and now have frostbite?
Me Lambert explains your rights and the possible remedies in the event of an accident due to the collapse of a roof.
Civil lawsuit for your injuries
To be entitled to legal action, you will need to prove fault and harm, and establish a causal link between the two.
We will look at the fictional case of John who was in a Michel building at the time of the collapse. Jean was caught in the rubble for two hours waiting for the help of the firefighters. He suffered three fractures, preventing him from working for several months. He often has nightmares about the event and has started having panic attacks.
The fault
According to article 1467 of the Civil Code of Québec, the owner of the immovable is liable for the repair of damage caused by the deterioration of the immovable due to a lack of maintenance or a construction defect.
Fault can be established if it is shown that the owner did not take reasonable precautions necessary to avoid the collapse, such as snow and roof de-icing, especially if there were signs that these precautions were necessary.
For example, if cracks in the walls or a deformity in the ceilings could be observed and Michel did not take steps to assess and remedy the situation, then the fault is established.
Harm
The collapse must have caused you harm, whether financial, bodily or moral.
In this case, John could claim all three:
- Financial damage resulting from his inability to work and the loss of wages: he will have to demonstrate his temporary total incapacity or his permanent partial incapacity.
- Bodily injury : difficulty moving, pain, etc.
- Moral prejudice : trauma and psychological disorders.
Causation
Having proven that he suffered harm and that Michel committed a fault, Jean will now have to establish a link between the two. The damage must be a direct consequence of Michel’s fault.
However, if Michel could prove that the collapse was unpredictable and that it was caused not by a construction defect or lack of maintenance, but by an act of force majeure, he will not be held responsible.
Similarly, if Michel warned Jean of the danger, but Jean ignored him, the fault will be attributable to the victim, not the owner.
The burden of proof
The onus is on Jean, as plaintiff, to prove Negligence on Michel’s part, to demonstrate the harm he suffered, and to establish the causal link. On the other hand, Michel will be able to provide evidence to show that he took the necessary precautions and that the accident was not the result of a fault on his part.
Keep any evidence of the accident, such as photos taken following the collapse, your damaged belongings (such as clothes you were wearing at the time of the accident), and your medical records.
A claim against the City
If the building and its maintenance were under the responsibility of the City and the City committed a fault that was the direct cause of your material or bodily injury, you can make a claim against the City.
For the City of Montreal, in case of damage to your property, you will have 15 days to file the notice of claim. Then, you will have six months to sue the City for damages from the date of the accident.
For bodily injury, you will have 3 years from the date of the accident to bring a civil action.
Legal action to obtain compensation
A roof collapse can cause serious damage for which you are entitled to compensation.
Our articles use examples to illustrate your rights. However, each case is different, and the facts of your situation can have a great impact on the Court’s decision.
If you have suffered a bodily injury following an accident, do not hesitate to contact our firm for an analysis of your file.
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