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Duty of Care Breach Lawyer in Toronto

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Duty of Care Breach Lawyer in Toronto

Don’t delay discussing your matter with us to find out how to build a winning case.

Please enable JavaScript in your browser to complete this form.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.

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.

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.

Why Choose HIMPRO?

Himelfarb Proszanski is a leading law firm with full-service personal injury lawyers. We have been recognized by Best Lawyers and have the highest rating, AV Preeminent, from Martinadale-Hubbell. We provide a combined century of trial experience which has led to the successful settlement of over 10,000 cases with combined settlement value in excess of 3/4 billion dollars. And finally, we’re the only firm to offer you the HIMPRO Advantage™.

  • Your injury is assessed and your options are discussed
  • Your rights are protected and your claim is pursued
  • Your disability and other benefits are secured
  • You or a loved one obtains the award they deserve
  • You receive updates throughout the entire process – Our Communication Guarantee
  • Your injury assessments are booked with respected specialists
  • Your rehabilitation is optimized and personalized using our extensive network of rehabilitation and medical specialists
  • Your rehabilitation is monitored and tracked
  • Your case is managed by our lawyers from start to finish
  • You are made aware of options designed to maximize your settlement amount
  • Free Case Evaluation
    Schedule your free no-obligation personal injury evaluation.
  • Hospital & Home Visits
    Visits are available free of charge anywhere in Ontario.
  • No Fees Unless We Win
    Our guarantee: we don’t get paid until your case settles.

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Please enable JavaScript in your browser to complete this form.
Note: Your Privacy is Safe with us. We will never disclose your information to external parties.

Timing is Critical. Help is Free.

Don’t delay discussing your matter with us to find out how to build a winning case.

Please enable JavaScript in your browser to complete this form.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.

OUR CLIENTS

What They Say About Us

Sherene AlySherene Aly
16:02 23 Mar 24
I was very pleased with my decision to retain David and his team for my case. Melissa Gizzo was simply amazing and was able to secure a fair settlement for me.
T TT T
17:46 16 Feb 24
Experienced and excellent law firm. Their lawyers are wonderful, articulate, dilligent, amicable, calm, respectful, responsible, resourceful and have good human and customer relationships Especially DAN HOLLAND 👌 He is an amazing lawyer as regards dealing with any of the Accident case.I was involvedIn an accident in 2019 February. He was God sent as he dutifully and relentlessly worked hard until the case was settled
LizLiz
22:43 18 Jan 24
I highly recommend Dan Holland as a disability lawyer. His commitment to my case made the process seamless. Dan's clear communication and ability to simplify complex legal matters made it easy for me to understand every step. He demonstrated genuine concern for my best interests, making him not only a skilled attorney but also someone easy to talk to.Dan’s support extended beyond legal expertise; he alleviated my stress during the long-term disability case. His calm approach and unhurried demeanour ensured that there was no rush in our collaboration. This, coupled with his dedication, made the entire experience more manageable, fostering confidence in his ability to handle the case with meticulous care.I wholeheartedly endorse Dan for anyone seeking a lawyer who not only gets results but also prioritizes your peace of mind.
Neeshanth SritharanNeeshanth Sritharan
21:49 01 Jan 24
My mom was involved in an accident impacting her daily life and ability to work. Dan Holland has worked with us during the duration of our case and has been helpful in fighting for her and supporting us, and organizing the things we needed. Our family is incredibly grateful of the outcome Dan was able to obtain for us. I would highly recommend him!
Faiza HamidFaiza Hamid
01:26 22 Dec 23
I'm so happy I chose Mena Brar and her team represet us . We could not ask for a better team she is so kind, loyal, and honest. she spoke to me as an equal and made me feel as if my case was definitely important and that I deserved to be fairly compensated. I appreciate you. Did it for me and how this will help me get back on track with my life. keep helping others. You are doing amazing works, Mena Brar. I wish you all the best.
Brenda FurtadoBrenda Furtado
23:38 12 Dec 23
Many thanks to Silene Malhao for settling my husband's TORT claim and to Mena Brar for settling his accident benefits claim. These ladies made themselves available any time we had a question. They were very understanding and compassionate. We were completely taken care of throughout this process. We would definitely recommend this team to friends and family!
ShaunaShauna
15:52 06 Dec 23
We are so happy that we had David and his team represent us. We couldn't have asked for a better team. Not only is David incredibly skilled and experienced, he is kind and compassionate and it is clear how much he cares for his clients. Megan was also absolutely amazing to work with and was always on top of everything and there to answer any questions we had! Thank you!
Andrew CoutoAndrew Couto
23:10 21 Nov 23
I'm so happy I chose David as my lawyer. I spoke to a few lawyers before finding David and I noticed majority of them spoke to me in a way that felt demeaning or that my case wasn't big enough or important enough to take. One phone call with David and my opinion on lawyers changed. He spoke to me as an equal and made me feel as if my case was definitely important and that I deserved to be fairly compensated. The whole process was wonderful. From dealing with David's law clerk Ingrid whom is an amazing and kind woman to his legal assistant Melissa whom is another amazing kind and talented young woman. I was so stressed about this case but from day 1 they helped ease that stress and always answered all my questions promptly and respectfully. I couldn't believe David got me to mediation within 6 months of being cut off my LTD and got me a settlement way beyond my expectations. I can't say enough good things about this law firm but I guarantee you that if you need a lawyer to fight for you David is your guy! . Believe me when I say this is the law firm for anyone dealing with personal injuries especially LTD denial claims. Thank you so much to David, Ingrid and Melissa you truly don't know how much I appreciate all you did for me and how this will help me get back on track with my life. Keep helping others you guys are doing amazing work! I wish you all the best!
Rose RegazziRose Regazzi
21:15 11 Oct 23
I sustained a relatively painful injury, affecting me long term.I wouldn't otherwise had pursued it, as it involved a relatively large corporation, but felt it necessary to do so. However, many lawyers were daunted, with one, who actually referred me to HIMPRO.I was connected with Dan Holland, who reviewed the case, provided with me realistic expectations, sound advice and had a willingness to move forward and represent me.His calm and professional demeanor, brought me to a place of reassurance. His ease in addressing all facets of this process, clearly demonstrated a wealth of experience. There was never any hesitation, when being challenged, and felt my best interest was always in the forefront.This case has since been resolved, to my complete satisfaction.Without reservation, HIMPRO (and Dan Holland, in particular), would be the only firm I would recommend for these type of cases.
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HIMPRO BY HIMELFARB PROSZANSKI LLP

HIMPRO is a leading law firm with full service personal injury and disability insurance lawyers. We have been recognized by Best Lawyers and assigned the highest rating, AV Preeminent, from Martindale-Hubbell. We provide a combined century of trial experience which has led to the successful settlement of over 10,000 cases with combined settlement value in excess of 3/4 billion dollars. Our mission is to win your case. At HIMPRO by Himelfarb Proszanski LLP we build winning cases. That’s the HIMPRO Advantage™.

LOCATION

Toronto
480 University Ave
Suite 1401
Toronto ON
M5G 1V2
(416) 599-8080

Brampton
2 County Ct Blvd
Suite 400
Brampton ON
L6W 3W8
(905) 595-6760

Hamilton
1 Hunter St E
Ground Floor
Hamilton ON
L8N 3W1
(905) 777-8002

Kitchener
22 Frederick St
7th Floor
Kitchener ON
N2H 6M6
(519) 772-7659

Oshawa
21 Simcoe St S
Oshawa ON
L1H 4G1
(289) 634-5554

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