Have you suffered bodily injury when you fell down a non-compliant staircase? Part of the wall of the dwelling you occupy collapsed and you had a broken leg?
With regard to compensation for damage caused by the ruin of an immovable, the Civil Code of Québec provides for a presumption of liability towards the owner of the immovable:
The owner, without prejudice to his responsibility as custodian, is obliged to compensate for the damage caused by the ruin, even partial, of his immovable, whether it results from a lack of maintenance or a construction defect.
As in any civil liability case, it is necessary to prove fault, damage and the causal link between the damage and the fault.
The only situation in which the owner will not be held responsible is in case of demonstration of force majeure or the fault of a third party.
Here are the possible remedies in the event of an accident due to the degradation of a building, whether it is a staircase, a balcony, a wall or a roof that collapses.
Application of the presumption of liability
For the presumption of responsibility to weigh in your favor, it will be necessary to make sure to demonstrate three elements.
In the first place, the presumption weighs against the owner of the building. It must then be proved that the defendants did indeed have title to the immovable in dispute at the time the accident occurred.
Secondly, it must be proved that there has been a ruin of the building, whether partial or complete, and that this ruin is the consequence of a construction defect or a manufacturing defect.
Then, of course, it will be necessary to demonstrate a causal link between the ruin of the building and the damage.
Proving a construction defect
With respect to the construction defect or manufacturing defect and how to prove it, an overview of the case law may be relevant to examine this issue.
For example, in a decision that went all the way to the Supreme Court of Canada, the majority held that the maintenance of a building must be assessed by taking into account the purpose of the building. In other words, the building must be maintained in such a way that it can be safely used for its intended purpose. The Court had to decide here whether the owner of a hotel should be held liable for the harm suffered by a child while passing through a mosquito net. In that decision, the Court decided that the purpose of a mosquito net was primarily to prevent unwanted insects from entering the interior. The owner cannot therefore be held responsible for the harm caused by a mosquito net that was not strong enough to hold a child inside.
However, expert evidence, for example, from engineers or architects can still be useful and even necessary, with regard to your file, to prove positively that it is a construction defect or a lack of maintenance that are at the origin of the ruin of the building.
Defences
Once these elements are proven, the owner of the building is left with only three defences to hope to be exempt.
He can either demonstrate that the ruin is the result of force majeure, or of a third party with whom the owner does not have a contractual relationship, for example, a sub-contactor. He will be exempted or will obtain a share of responsibility if the damage is the result of the fault, full or partial, of the victim.
When the presumption of liability weighs against the owner, proving that he acted as a reasonable person is no longer sufficient to rebut it. Nor is fault or ignorance of ruin accepted defenses in these circumstances.
Fall down a collapsing staircase
In the case of a staircase that fails, the issue in dispute will be whether the staircase was safe or whether there was a defect in its maintenance.
A staircase must comply with the rules of the art and must be well fixed with suitable materials.
Fault can be established by non-compliance with standards; for example, a staircase without a safety ramp (guardrail or handrail) or non-slip strip. It should be noted that we must look at the standards at the time of construction and not at the day of the accident, because the Building Codes evolve.
Fault can also be established when there has been a failure to take measures to prevent an accident from occurring, such as the spreading of salt and sand in winter. The assessment of the lack of maintenance is made in relation to a reasonable person. Therefore, if the judge concludes that a reasonable person would have taken action in the face of the inventory, there will be a fault.
In defense, the opposing party will try to demonstrate that you knew the place and that you failed to be vigilant in order to share responsibility. There is reason to wonder if you were wearing proper footwear or if you were carrying tools in your hands.
Each case is unique in determining whether or not there should be a sharing of responsibility.
Collapse of a wall, roof or ceiling
The causes of the collapse of a wall or ceiling can be many. The collapse of a wall may be due to a construction defect or renovation work that is not carried out according to standards.
Defect or poor maintenance of the building can also be the cause. For example, not having cleared the roof frequently, resulting in an overload of snow, can cause a roof to fall.
Injured by a collapsing balcony
No one can expect a balcony to collapse or a parapet to give way. However, such a situation can unfortunately happen, either because the balcony has been poorly supported or because of a lack of maintenance.
When you have been injured in a balcony, it will be necessary to prove that the owner did not take all the necessary precautions to prevent an accident from occurring on his balcony.
It is also questionable whether a reasonable person would know that the balcony was unsafe; for example, by visible signs of weakening the balcony structure.
For example, in one case, the Superior Court ordered the owners of a building to pay compensation to the plaintiffs after they were injured as a result of the collapse of a balcony. The Court pointed out that the balcony appeared to be in perfect condition, so the victims had no reason to believe that they would collapse after they set foot on it. According to the latter, the fact that the balcony collapsed is sufficient to conclude that there was a lack of maintenance or construction defect; if precautions had been taken, the balcony would not have collapsed.
Fall of a defective elevator
An accident in an elevator caused by a fall or sudden stop can result in serious injuries to the victim. In addition to physical sequelae, such as a fracture in the ankle or spine, such an incident in the elevator can lead to claustrophobia in a person.
In the event of mechanical breakdown, the owner of the building and in some cases, the maintenance company, may be held liable for the damage you have suffered as a result of the elevator blockage.
Indeed, the owner has an obligation to maintain all elevators in the building so that each device is kept in good working order and safe. This obligation involves the rapid correction of problems as soon as they arise and the keeping of a register of information concerning the maintenance of lifts.
The need for expertise in a claim file
First of all, medical evidence by a medical specialist is paramount in a personal injury claim file. In the event of a fracture of an arm or leg, it is the expert report of an orthopedist that will prove your physical sequelae and establish your rate of temporary and permanent disability.
In addition to medical expertise, it is often necessary to carry out an expertise to demonstrate the cause of the collapse of the part of the building, whether it is a balcony, a wall or other. This kind of expertise is often carried out by architects or engineers.
Fair compensation for your bodily injury
If you have suffered a fractured foot or if you have been injured in the neck due to the ruin of a building, you are entitled to be compensated for all your disorders and inconveniences.
Here is a non-exhaustive list of what can be claimed in a civil liability lawsuit :
- Loss of wages;
- Reimbursement of medical treatment expenses;
- Aesthetic damage;
- Domestic help;
- Special shoes or orthotics;
- Etc.
Not being able to practice certain sports, the inability to walk for a long time, or the use of a cane in winter can be disadvantages.
Do not hesitate to contact us to have an assessment of your damages and to file a civil lawsuit. We accept percentage pricing in the majority of our files.
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