Hamilton Ontario Personal Injury Blog

Bicyclists in Ontario cities are extremely vulnerable due to the lack of dedicated infrastructure to protect them. Many personal injury claims in the province's civil justice system involve accidents caused by disrespectful drivers of vehicles, ineffective road design, dog attacks or other hazards. For this reason, cyclists under the age of 18 must wear helmets -- and parents should replace helmets after any serious fall.

However, helmets are only effective if they fit correctly and are replaced as a child grows. It's is not wise to buy a bigger helmet for the child to grow into, because a helmet that is too large will not fit snugly. Only properly fitted helmets will provide the necessary protection. Also, only helmets that have never been in a crash can be passed down to younger siblings.

If a driver's actions cause a motor vehicle accident in Ontario, an injured victim may have grounds to file a claim for damages in civil court. Such personal injury lawsuits are typically based on evidence of negligence. Drivers owe a duty of reasonable care to others, including their own passengers, other motorists and those in or near the roadway. 

Impaired driving, speeding and distracted driving are all significant concerns, along with disobeying traffic devices and passing illegally or where it is not safe to do so. In some cases, a third party may bear some responsibility for an accident. Automobile manufacturers can face products liability claims if vehicle defects cause accidents, and municipalities might bear financial responsibility if potholes, malfunctioning traffic lights or negligent road maintenance cause a crash. Also, bars or restaurants that serve alcohol to an obviously inebriated patron who then causes an accident can be sued.

A significant number of personal injury lawsuits move through the civil justice system of Ontario each year. Slip-and-fall accidents give rise to many of those claims, which are filed against negligent property owners. It is not only business owners who are expected to keep their premises safe; homeowners or renters must also ensure their properties are safe for those who visit them. Delivery people, babysitters, couriers, repair or maintenance technicians, and other visitors could hold a homeowner responsible if dangerous conditions lead to injuries.

Known hazards that must be addressed to mitigate risks include accumulated ice and snow on walking surfaces, uneven surfaces, or walkways with potholes, gaps or dangerous cracks. A homeowner must report such hazards on municipally-owned sidewalks bordering their properties. Slippery surfaces on porches or indoor floors must be cleaned if wetness causes a danger, and highly polished or tiled floors should be covered with non-slip mats. Damaged or poorly lit stairways or missing handrails, debris or accumulations of wet, slippery leaves could also cause falls.

Back in 2015, Health Quality Ontario established a list of events that should never be allowed to happen during medical treatment by professionals. In drafting that never event list, the authors endeavoured to prevent incidents that could cause severe and unnecessary harm to hospital patients. Physicians, nurses, other health care workers and policymakers along with patients and their family members were involved in compiling the list, and they were all hoping to eliminate incidents that would lead to medical malpractice claims.

The top five never events on the list include surgical procedures involving the wrong patient, wrong body part or wrong procedure. Also, giving the wrong biological implant, tissue or blood product to a patient must be avoided, and so must the unintentional leaving behind of a foreign object in a patient during a procedure. Along with these are events that cause harm or death due to the use of equipment or instruments that were not adequately sterilized. The fifth never event on the list involves death or harm caused by administering medication to a patient known to have an allergy to it.