Update on Parental Negligence and Liability in Personal Injury Cases Involving Children

In an earlier blog post CAM LLP canvassed what happens when a child is injured while a passenger in a vehicle driven by a family member. A recent decision from the New Brunswick Court of Appeal, Edmondson v. Edmondson, 2022 NBCA 4, granted summary judgment to the legal representatives of a five-year-old child against his father for injuries suffered while a passenger on the father’s motorcycle, and found the father liable squarely on the basis of his parental negligence.

The case highlights the high degree of care that a parent must take while transporting their child, should the worst happen and they are in a motor vehicle accident. Continue reading

Compensation for Cycling Injuries: What you Need to Know

Biking is becoming an “all weather” pastime in Alberta. Many people have adopted winter biking on their “fat bikes,” as a way to maintain their health while commuting to work in urban settings, or recreationally, enjoying the pathways groomed for winter bikers. There is also a correlation between an increase in biking generally and the restrictions imposed during the pandemic. More cyclists on the roads all year round means more cycling injuries.

Cyclists who continue to bike during winter and early spring face additional challenges. Slippery roads, low visibility with shorter days, and the snow and ice on the roads can force drivers and cyclists to share a narrower space in the winter months. Continue reading

Fatal Accidents: Damages and Compensation for Wrongful Death of a Loved One

Losing a loved one is devastating. This article reviews your potential legal remedies as a result of wrongful death, but we know that no amount of money can replace your loved one.

We also recognize that the first step in dealing with your loss is to obtain emotional support from your family and friends, and to access necessary counselling support to help you cope with the grieving process.

Alberta Health Services has gathered some resources that you may find helpful here and additional resources are available through CAMH Edmonton. Your family doctor may also be able to connect you with local resources. Continue reading

Slip and Falls: Duty to Take Reasonable Care for Your Own Safety

In an earlier blog post, we looked at compensation for pedestrians hit by motor vehicles. This post looks at pedestrians injured in slip and falls. Specifically, we want to highlight that pedestrians have certain obligations to look out for their own safety, especially in harsh winter conditions.  If they do not, they may be found partly at fault (“contributory negligence”) or entirely at fault, in which case their action is dismissed.

Pedestrian Duties

The obligations of a pedestrian while walking in winter include:

  •  to wear appropriate footwear for the weather and environmental conditions;
  • to walk at a normal pace given the conditions, and not rush or run; and
  • to be aware of the conditions, especially if the walkway is covered in ice and snow.
Continue reading

Pedestrian Injuries – Compensation for Injuries Suffered in Pedestrian-Motor Vehicle Collision

As winter settles in drivers contend with poor visibility and challenging driving conditions and pedestrian safety becomes a primary concern, especially for children and the elderly.

The heightened danger to child pedestrians results because they[i]:

  • are generally harder for drivers to see
  • may not understand how to cross the road safely
  • may have difficulty reacting to traffic (determining the direction of sound or judging distance or speed of oncoming vehicles)
  • cannot see out of the corners of their eyes as well as adults
  • may not realize that drivers are paying attention to other things, and not just them
  • may not understand that vehicles take longer to stop on wet or snowy roads

For older adults there may also be issues with hearing and sight as well as mobility challenges when crossing a roadway. Continue reading

Safety Tips for a Happy and Safe Halloween 2021

Trick-or-treating is back! For those who celebrate Halloween, this is a wonderful time of the year. For an experienced plaintiff’s personal injury lawyer, however, Halloween can be a hazardous night. It’s never a bad call to review Halloween safety tips.

Children and teenagers, decked out in Halloween costumes, will be out and about, going from house to house to gather treats from strangers, frequently in unknown neighbourhoods and in darkness. And don’t forget people of all ages attending Halloween parties where alcohol or drugs may be in the mix.

There’s also a new issue to consider this year: many children are, as yet, unvaccinated. Continue reading