alanbrenton
Feb 7th, 2009, 03:42 PM
A short Q&A from today's National Post (TO3) had me thinking. Have Canadians become as litigious as Americans?
What happens when people feign slipping on ice to obtain the rights to sue the homeowner or the city? Have any of you encountered this? Will the homeowner be absolved so long as the sidewalk is ice/snow free? What if there was heavy snow fall or if water turns into ice overnight and the homeowner clearly cannot remove these impediments? I seem to be able to draw a parallel between this and those intentional vehicle collisions to defraud the insurance companies.
I'm just concerned as I will be a homeowner in the not so distant future.
Slip on uncleared ice and want to sue? It’s City Hall that you’ll have to deal with
Q I went for a run and tripped on the ice in front of someone’s house. What happened to “Be nice, clear your ice?” How much can I sue the homeowner for? — Steve Barker
A Frankly, I’m more concerned with whatever happened to “Don’t jog in the winter.” While there are bylaws requiring homeowners to clear sidewalks attached to their property, it’s municipalities that are liable if someone falls. “If the sidewalks are generally clear and there’s no reason why they can’t move at whatever pace, and they suddenly encounter an area of ice, then yes, they can [sue],” says Alan Preyra, partner at law-firm Bergmanis-Preyra. “What would likely happen, it would be open to a court to apportion some liability, but not all on the person for their own negligence in not taking ordinary care. The law does not say that wearing running shoes in the winter is inherently dangerous.” It’s worth noting that when you’re suing the municipality you have to prove not just negligence, but gross negligence. If you do win, might I suggest using your money to buy a treadmill? Steve Murray, National Post
What happens when people feign slipping on ice to obtain the rights to sue the homeowner or the city? Have any of you encountered this? Will the homeowner be absolved so long as the sidewalk is ice/snow free? What if there was heavy snow fall or if water turns into ice overnight and the homeowner clearly cannot remove these impediments? I seem to be able to draw a parallel between this and those intentional vehicle collisions to defraud the insurance companies.
I'm just concerned as I will be a homeowner in the not so distant future.
Slip on uncleared ice and want to sue? It’s City Hall that you’ll have to deal with
Q I went for a run and tripped on the ice in front of someone’s house. What happened to “Be nice, clear your ice?” How much can I sue the homeowner for? — Steve Barker
A Frankly, I’m more concerned with whatever happened to “Don’t jog in the winter.” While there are bylaws requiring homeowners to clear sidewalks attached to their property, it’s municipalities that are liable if someone falls. “If the sidewalks are generally clear and there’s no reason why they can’t move at whatever pace, and they suddenly encounter an area of ice, then yes, they can [sue],” says Alan Preyra, partner at law-firm Bergmanis-Preyra. “What would likely happen, it would be open to a court to apportion some liability, but not all on the person for their own negligence in not taking ordinary care. The law does not say that wearing running shoes in the winter is inherently dangerous.” It’s worth noting that when you’re suing the municipality you have to prove not just negligence, but gross negligence. If you do win, might I suggest using your money to buy a treadmill? Steve Murray, National Post