When you have been injured in an accident in Ontario there are certain requirements that must be proven to be able to move forward with seeking compensation for those injuries. Duty of care is one of these. There are a number of day-to-day situations in which two or more parties enter into a relationship that carries a certain level of duty of care. For example, when driving on the road a driver has a duty of care to other drivers around him or her to obey traffic laws to avoid getting into an accident. When there has been a breach in duty of care which has then directly caused someone to be injured the injured party has the ability to seek compensation through means of a personal accident injury claim. At HIMPRO, an injury accident and long-term disability law firm with offices across the GTA including Brampton, Oshawa, and Toronto we have experienced lawyers on staff that can help you deal with injury claims as a result of someone neglecting to follow through with their duty of care.
Our compassionate and caring team has the ability to look at all circumstances of your particular case to determine if there has been a breach in duty of care towards you or a loved one. Whether it be a car accident, slip and fall, or even an injury at the gym or on the playground it is important to understand your rights and the reasonable level of duty of care that should be provided to avoid injury. When this level is not adhered to and injury is sustained it is important to seek out the counsel of an experienced personal injury lawyer for the best possible outcome in your case.
Read More About Duty of Care Breach In Different Accident and Injury Scenarios
General Duty of Care Breach Information
Ontario Duty of Care Laws: Who is Liable?
What is duty of care? Why is it important to understand how duty of care works when you have been injured due to the negligence of another individual? Ontario’s duty of care laws play a significant role in any personal injury accident claim.
What is Reasonable Care vs. Standard of Care?
Although often terms that are used interchangeably, reasonable care and standard care from a legal standpoint refer to two separate things. It is important to understand the difference when looking to move forward with a personal injury claim.
The Duty to Mitigate in Personal Injury Matters
It is upon a defendant’s shoulders to exercise proper duty of care in an accident scenario but it falls on the plaintiff in a personal injury claim to take steps to mitigate the chance of further damages such as avoiding seeking proper treatment for injuries sustained.
Can A Volunteer Be Held Liable In The Province of Ontario?
Volunteering is a special way to give back to your community and although it is great to act in this selfless manner, volunteering is not above the obligations of duty of care. There are a number of ways in which a volunteer could be held liable should an injury occur during their time as a volunteer.
Who is Responsible for Playground Accidents and Injuries?
There are a number of factors to be considered when determining who is at fault when a child is injured on playground equipment. The duty of care breach could fall on the manufacturer of the equipment or on the supervisor of the child.
Accident Claims and the Ability to Sue
When injured, specifically in the case of a car accident, to have the ability to sue in a personal injury claim an experienced lawyer must be able to help you establish that there was a breach in duty of care which led to your injuries.
Homeowner Liability: The Winter Season
If a person is injured on your property you could be liable and shown that you are in breach of duty of care to that individual. This is especially true in the winter when slipping and falling on ice are common. There are a number of steps you can take to protect yourself from liability during the winter season.
Types Of Cases Involving Duty of Care in the Greater Toronto Area
My Child Is Injured at Practice. Who is Liable?
Determining duty of care in a sports-related injury case can be difficult and complex due to the physical nature of most sports and a typical signed agreement understanding this risk. Every potentially responsible party must be looked at when establishing a breach in duty of care.
Traumatic Brain Injury Court Cases: Do You Have a Valid Claim?
When someone has sustained a traumatic brain injury due to the negligence of another it must be established that that person had a duty of care to the injured party which they failed to follow through with. And that this failure led to that injury.
Negligence as a Cause of Car Accidents
If you have been injured in a car accident and seeking compensation for those injuries it must be established that the driver who caused your injuries was negligent in some way and failed to exercise reason duty of care.
4 Things Needed to Prove Negligence in a Concussion Case
Proving negligence is crucial when you or a loved one have suffered from a concussion at the hands of another individual. It must be shown that they did not provide an adequate level of duty of care in their interactions with the injured party which led to the injury occurring in the first place.
How Trip and Fall Claim is Established and Assessed
Under the Occupier’s Liability Act it is the responsibility of the owner of a premises, whether public or private, to provide safe conditions for anyone visiting that property. When someone slips and falls on that property there has typically been some sort of breach of their duty of care.
Injured Volunteering?
Regardless of whether you are being paid or volunteering for a specific position in which duty of care could be established, you could be entitled to compensation if you sustain injuries while working within that role.
Can You Sue Your Personal Trainer If Injured?
A personal trainer can be a great individualized way to stay in shape, but what happens when you are injured while under the supervision and guidance of a personal trainer? There are actions a personal trainer must take to provide reasonable duty of care for their clients.
Infected With COVID-19 After Surgery: Can I Sue the Hospital?
Most hospitals chose to shut down any elective surgeries during the height of Covid-19, however, if you did have surgery during this time and contracted Covid-19 while in the hospital you could potentially have a case if it could be proven that the surgery was in fact unnecessary.
Slip and Fall: Who is Liable for My Injuries?
The circumstances of a slip and fall must be looked at closely when determining who is at fault and thus liable in a slip and fall case. If there is a breach in duty of care on the part of the owner to provide safe conditions for visitors they could be liable.
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OUR CLIENTS
What They Say About Us
"My mother had hired this firm after struggling for her disability claim. Mena Brar and Silene were really helpful and brought us the best. I would recommend hiring based on my mother's experience."
Harvir Ghag
"First and foremost David believed me ie that I was mentally unfit to work. It is not an easy concept. He made it clear to RBC. David supported me throughout mediation and I received much more than anticipated. Thank you so much."
Joanne Berg
"Rosa was my Lawyer and she was amazing through the entire process. When dealing with a disability claim the claimant is so emotionally attached to every aspect, that it's imperative to have an empathetic but firm counselor and that's exactly what Rosa was for me!! She guided me and kept me informed the entire time and never made me feel like I was bugging her should I have a question or 10 questions. Although the subject on which I needed to hire this law firm was not awesome, the law firm itself was!!"
Kim S.
“We started our disability claim with a lawyer who looked good on paper, but was completely ineffective. We sought out David after a year of getting nowhere but into debt. David settled our case efficiently and fairly. His office held my hand through the difficult proceedings and always left me feeling supported. I'm so grateful for Katherine, David, Maritza, and the many others who helped us along. (...) I can now focus on healing again and put the stress of the battle behind me. I have already personally recommended this firm to a friend.”
Lucy Goddard
“Compassionate during stressful times, and performance focused. My outcome was far better than expected and has allowed me to get on with my life. David is a very sharp lawyer and obviously very experienced. Hopefully I don't have another accident, but if I did, I'd use them again.”
Marc Nicholas
