Ontario laws concerning negligence in personal injury cases consider that people have a “duty of care” to make sure that they do nothing to expose others to unreasonable harmful risks. When they fail to exercise that duty of care, they could be legally liable for negligence.
These alleged negligent acts can be both intentional and unintentional. The litmus test is that “an ordinary, reasonable and prudent person in the same circumstances” would exercise the same standard of care.
To determine what is reasonable, Canadian courts consider the following:
- Could the defendant anticipate that his or her actions could cause harm?
- Was the harm serious?
- What would be the burden or cost to the defendant in order to avoid the harm?
Plaintiffs have to prove that “but for” the allegedly negligent actions, the accident wouldn’t have occurred.
Negligence can be quite difficult to substantiate, and those accused usually mount robust defences against the allegations. Most plaintiffs are unprepared to pursue cases on their own and need the experienced counsel we provide at Azevedo & Nelson.
If you have been injured in an accident or under other circumstances due to another’s negligence, we can help you pursue the compensation for which you may be eligible. Before negotiating with a defendant or that person’s insurer or making any statements or admissions of liability,.give us a call and allow us to intercede on your behalf
Timing can be crucial in these types of personal injury cases, so don’t hesitate. Call us today to set up a confidential consultation with one of our attorneys.