Being knowledgeable about the hazards of wintertime is in your best interest, no matter what time of year it is. We hear about slip and fall accidents all the time, and the financial perils they cause to both the victim and property owner. We have addressed this common occurrence in a previous article (http://www.personalinjurylawyerservice.ca/index.php?page=blog&post=20140512) and here we will take a look at an actual case and the ruling which was delivered.
In the case of Manzoor Ur-Rahman v. Oma Devi Mahatoo et al, the plaintiff had the misfortune of slipping and falling in the driveway of the defendant in January of 2003. The fall was directly related to a buildup of ice and snow on the defendant’s property.
The trial Judge found Mr. Rahman (the plaintiff) to be a credible individual who did nothing to contribute the accident. According to the reliable evidence presented, he was wearing the appropriate footwear and walking in a careful and deliberate manner when the injury occurred. He suffered significant injury to his hip and had to have emergency surgery that same day. He required continuous medical monitoring and had to use a walker initially for several months before graduating to a cane.
The Judge awarded damages in specific categories. Because of the nature of the injury, Mr. Rahman has been and will continue to be negatively impacted by the injury. The extent of his injuries was validated by trusted medical opinions from experts in the relevant fields. For general damages (pain and suffering) he was awarded ninety thousand dollars.
At the time of the injury, the plaintiff was a healthy fifty four year old who was gainfully employed. Because of his injury, he has had to accept specific jobs that do not require any strenuous or physical activity that can allow him to work for shorter periods of time. Under the category of special damages, after careful consideration and calculation, he was awarded a little over eighty nine thousand for past loss of income up until the date of the trial (which was eleven years after the accident) and about fifty three thousand for future loss of income.
The plaintiff needed assistance with daily activities and chores after his injury and he moved in with a friend who aided him with his tasks and routine. They both agreed that a payment of one hundred dollars per week would be made to the helping friend. The Judge was satisfied that the plaintiff could not undertake the activities based on his medical reports and included the amount to be awarded to the friend in the settlement. He also awarded Mr. Rahman thirty six thousand four hundred dollars for previous care services he’s needed since the accident.
Concerning his medical treatment, both his doctor and psychiatrist have determined that he would need continuous care. His doctor has recommended various rehabilitation treatments and his psychiatrist recommended continued medication that would be monitored. Mr. Rahman receives four hundred dollars a year in medical coverage but he has requested an increased amount be added to it in order to acquire the additional services to ease his injuries. The Judge awarded him fifteen hundred dollars for such treatments.
This was a lengthy case that awarded the plaintiff a little over a quarter of a million dollars in total. If is very important to ensure that you as a property owner keep your property free of hazards, because as with this case, the financial and physical damage could be quite costly.