Dog Bites & The Doctrine of Scienter

Posted on by David Goldberg Posted in Personal Injury, Personal Injury ClaimsTagged , , ,

While dogs are known as “man’s best friend”, the unfortunate reality is that sometimes dogs, like any other animal, can cause serious injury to individuals, most often through biting. When a dog attack occurs due to the negligence of the owner, the injured victim can bring an action in negligence to be compensated for their injuries and losses if they can prove that their injuries and losses were a result of the negligence of the dog’s owner. If you can’t prove that there was negligence on behalf of the owner, your claim may be dismissed at trial.

However, there are some dog or animal attack cases where you do not need to prove that an owner is negligent and that their negligence resulted in injuries and losses. These are cases where the doctrine of scienter applies.

What Is the Doctrine of Scienter?

The doctrine of scienter, as it relates to … Continue reading

Pain & Suffering Award In Personal Injury Claims

Posted on by David Goldberg Posted in Personal Injury, Personal Injury ClaimsTagged ,

In personal injury claims, injured parties can suffer a wide variety of injuries whether those injuries are physical, emotional, or mental. There is no way to take back an injury, so compensation to individuals injured due to the negligence of another must be made by awarding that person an amount of money. This type of compensation is known as non-pecuniary damages, which differs from pecuniary (or monetary or economic) damages such as wage loss.

What Are Pain & Suffering Damages?

The money an injured person receives in a personal injury claim is often referred to as damages, or awards, for pain and suffering. This amount represents compensation awarded to an injured party for the intangible losses suffered due to an accident or injury. These damages aim to address the physical and psychological pain, loss of enjoyment and decreased quality of life experienced by the victim.

The impact of an injury … Continue reading

Claims for Wage Loss in Personal Injury Claims

Posted on by Brian Jacobson Posted in Personal Injury Claims, Personal InjuryTagged , ,

When a person suffers an injury due to the negligence or fault of another party, they may be entitled to seek compensation for different losses they have suffered, with a view to making you whole. This compensation can include any loss in wages or income.

Understanding Past Wage Loss Claims

Wage loss claims relate to the income a person loses as a direct result of their injury. This loss can arise from the inability to work due to medical disability, working reduced hours, missing out on over-time that you otherwise would have taken, or the need to change jobs to a lower-paying job due to limitations relating to your injury.

Sometimes a wage loss claim can be as straightforward as looking at what you earned previously and looking at what you were able to earn after your accident. In other cases where an individual is self-employed or has a … Continue reading

Waivers in Personal Injury Claims

Posted on by Brian Jacobson Posted in Personal Injury, Personal Injury ClaimsTagged

Liability waivers, sometimes referred to as Releases, in Canada can have a broad ability to deny someone the ability to enforce their otherwise enforceable legal rights.  

Occupiers of properties and providers of services in Canada have an obligation to ensure their premises and services are safe for their customers. However, if you sign a waiver before entering a property or engage in the uses of a service, you could be giving up your legal rights should an occupier or service provider fail to live up to their obligations. Waivers can go beyond releasing someone from the legal consequences inherent in an activity (for example the inherent dangers of skiing, snowboarding or other recreational activities), and can go as far as waiving your rights for compensation arising out of injuries resulting from the gross negligence of employees of a property owner or service provider. Even if an injury occurs due … Continue reading

Personal Injury Claims Related to Tripping Over Electric Vehicle Charging Cords

Posted on by Ben Tarnow Posted in Personal Injury, Personal Injury Claims, Occupier's LiabilityTagged ,

As time goes by, we are seeing more and different industries moving towards environmentally friendly business models, not the least of which is the automobile industry. Where once they were often dismissed as a novelty, electric vehicles (EVs) have quickly become a regular sight on the roads and in neighborhoods throughout British Columbia, with the largest concentration being on the North Shore, the Westside of Vancouver and South Surrey. With this rise in EV usage, the installation of electric vehicle charging stations has become more prevalent in public and private spaces. While this growth in the use of EVs, and the associated expansion of infrastructure to support them is a positive step towards an environmentally sustainable lifestyle, it has also brought to light potential safety concerns that have not been considered by and large. One such safety concern is the risk of tripping over electric vehicle charging cords and … Continue reading