It’s the end of June and school will soon be out for elementary, junior and senior high school age children. The summer means more kids on bikes, skateboards, and on foot (plugged into their smartphones). It also means an uptick in young people learning to drive. All of these things increase the potential for injuries to children. For drivers, this means you need to tune up your “kid radar” and drive defensively with a view to doing your part to ensure their safety and to protect yourself against liability.
In Alberta, ss. 185 and 186 of the Traffic Safety Act create a reverse presumption against drivers, such that if there is a collision between a motorist and a non-motorist (for example, a collision between a car and a child walking or on a bike), the onus is on the driver of the vehicle to prove that the accident did not arise solely because of their negligent operation of the vehicle. Continue reading
The distracted pedestrian is a common sight these days. You know the ones, walking with their eyes glued to their cell phones, frequently listening to music on headphones, or feverishly texting, oblivious to their surroundings. We have all had a laugh at videos of people falling into swimming pools and walking into poles while walking and texting. But more tragic are the increasing incidents of distracted pedestrians injured or killed in intersections, at railway crossings, and by light rapid transit. On May 16, 2017, for example, a 60-year-old woman was killed when she walked into the path of a C-Train at the Calgary Whitehorn station, spell-bound by her cell phone, and in February 2017 a 30-year-old man was killed at the same station, absorbed in his headphones and cell phone. Continue reading
Baby Boomers grew up with Easy Rider, and for Millennials and others, the romance of the motorcycle endures. Unfortunately, a personal injury lawyer sees all too frequently the harsh reality for many motorcyclists – a tragic accident, often resulting in catastrophic injuries or death.
Safety Tips for Motorcyclists
As a personal injury lawyer who was seen the downside of the call of the road, I offer the following tips for safer motorcycle riding:
- Before each ride inspect your bike to make sure everything is in working order and inspect the tires to make sure they are properly inflated.
- Don’t speed – excessive speed is frequently a contributing factor in most motorcycle accident cases.
Fatal accidents are never a pleasant topic but with Mother’s Day just past and Father’s Day approaching, we as personal injury lawyers are reminded of our many clients who have lost a mother, father, spouse, or child through the negligence of another.
What happens when the victim of a fatal accident is a parent, child or spouse?
In addition to CPP death benefits and Section B death benefits (if the death is as a result of a motor vehicle accident), you may also be entitled to claim damages from the parties who were at fault for the accident. These damages consist of:
Bereavement damages are for the loss of the guidance, care and companionship of the deceased and are mandated by legislation. Continue reading
By Fran Zinger, Senior Partner at CAM LLP
There are certain firmly held myths in society when it comes to some legal concepts – I can easily get out of a rental lease, I won’t be bound by my non-compete clause, and I won’t be held to the waiver I signed to go white water rafting, skydiving, zip-lining, horseback riding, or [insert exciting summer adventure of your choice here]. Whether these myths come from TV, movies, or well-meaning friends or family members, the reality is that in many cases you cannot break the lease, you will be held to your non-compete clause and you may well be prevented from suing for damages if you are injured during an adventure activity by the waiver that you signed voluntarily. Continue reading
By Bill Hendsbee, Senior Partner at CAM LLP
Congratulations! Your son or daughter is about to graduate from high school. To mark this special milestone your child has asked to have a graduation party in your home. While fun is fun, and you want to help your child celebrate, you should be aware of the pitfalls and that you are potentially exposing yourself to liability.
Know what you are getting into and set the ground rules before you agree to host a grad party
The first assumption you should make is that there will be alcohol consumed at the party. Continue reading