The weather is getting warmer, days are getting longer, and people are anxiously awaiting summer. While we have witnessed brief hints of things to come, it has been a chilly spring. However, better times lie ahead, and traditionally, it starts with the May long weekend.
While officially known as Victoria Day, this holiday is widely considered the start of summer. This long weekend originates from a 1845 law celebrating the birth of Queen Victoria on May 24, 1819 and is observed on the last Monday preceding May 25.
It is commonly referred to as the "May Two-Four" weekend, with an obvious nod to the late Queen’s birthday but also to the Canadian slang for a case of beer. It is a time when many people open cottages, get their swimming pools ready for summer, go camping or begin to plant gardens.
After a typical Canadian winter, it is a great time to get outside and enjoy various summer adventures. Whether it’s a road trip to explore a change of scenery, a visit to a nearby attraction or a simple bike ride to a local park, there are a myriad of fun activities to keep Canadians busy in the coming season.
No matter what you are planning, it is important to keep safety in mind when setting out. Accidents are an unfortunate and, sometimes, unavoidable part of life. And even though you may have taken steps to ensure your safety, you can still suffer life-altering injuries due to someone else’s negligence. At Gluckstein Lawyers, we are here to assist you if you have been hurt in an accident. Our team has a long history of serving our clients with dignity, respect and empathy, guiding them through the most challenging times in their lives.
Understanding the Law.
In Canada, we have laws in place designed to protect people from harm and provide recourse in the event of an accident. These laws can be complicated, with many moving parts that can easily be misinterpreted, which is why it makes sense to seek experienced and knowledgeable legal advice so you have a complete understanding of your rights.
When it comes to personal injury claims, the Occupiers’ Liability Act (OLA) is legislation that covers private property and public spaces, including municipal property, and establishes a statutory duty to ensure that those entering a premises are reasonably safe.
The Act applies whether the danger is caused by the condition of the property or by an activity carried on there. The occupier does not necessarily have to be the owner. Those responsible for having a “duty of care” can be the person who is considered to have adequate control over the premises at the time of the injury.
If the standard of care is breached, an injured person may be entitled to compensation for damages. For example, if you are at a friend’s pool party and get hurt in a fall, the homeowner (or occupier) can be held liable. The same would apply if you suffered an accident due to negligence at a privately owned amusement park, a short-term rental such as a cottage or an Airbnb, or a municipality-run splash pad.
However, it is important to note that property owners are not held to a standard of perfection. Instead, they must do what is reasonable to prevent foreseeable accidents or minimize risk. That would include addressing problems in a timely manner or warning visitors of potential harm. It should also be noted that occupiers are not typically liable for hazards that guests knowingly and willingly assume or for injuries sustained by trespassers.
Another thing to consider if you have been hurt in any accident is that time is not necessarily on your side. Under the Limitations Act, 2002, you are required to file a claim in court within two years of discovering the injury or loss.
There is a much stricter adherence to timelines when it comes to filing a claim against Ontario municipalities. In these instances, people must submit notice of their personal injury claim within 10 days of their accident, unless there is an acceptable reason for filing outside that window, such as an extended hospital stay.
Staying Safe This Summer Starts With You.
Warmer weather presents new avenues for fun, and for many, there is nothing better than getting out on the open road on a motorcycle. However, riders face much more dire consequences than motor vehicle drivers in an accident, according to research from J.D. Power, which states “most fatalities or major accidents are not a result of faulty machinery or improper safety features” but “human carelessness and irresponsibility.” Learn more about motorcycle safety.
Motorcyclists and bicyclists are considered to be vulnerable road users since they do not have the protection provided by an automobile, such as seat belts and airbags. There has been a concerted effort to encourage more people to cycle, not the least of which has been the increase in bike lanes. However, riding in a bike lane does not guarantee a safe trip. A rider must also consider road and weather conditions, drivers, inattentive pedestrians and other cyclists. Learn more about cycling safety.
There are few things better than taking to the water on a boat in the summer. According to Boating Ontario, more than 15 million Canadians enjoy boating because of the "emotional, behavioural and psychological benefits of being near, around, on, or in water."
Sadly, almost 143 people die annually in Canada while boating and almost all from drowning. The Drowning Prevention Research Centre states that there are almost 500 unintentional water-related deaths in this country each year, and about one-quarter of these fatalities are boating-related. Learn more about how to stay safe on the water.
The warm weather is also the perfect time for friends and family to get together. However, if you are hosting a gathering, you have a responsibility for the safety of your guests. Beyond a duty of keeping your premises free from hazards, you also have to take precautions to ensure that guests are not served to the point of intoxication. Learn more about your responsibilities as a host.
Consider All Your Options.
Any injury can have lasting consequences requiring time off work and treatment, which can put a strain on your finances. A quick insurance settlement might seem like a good idea at the outset, but it may not cover your long-term needs. Don’t sell your future short.
If you have been hurt due to someone else’s negligent, intentional or reckless conduct, contact the team of personal injury lawyers at Gluckstein Lawyers. Our firm is designed with our clients' well-being at heart, and we have the expertise to handle even the most difficult cases. Your initial meeting is free and without obligation on your part, and we never charge you legal fees until your claim is settled.
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