The Ghanaian News
February 2014
13
LEGAL MATTERS How much money can I get for a slip and fall injury By Bode Odetoyinto, Mississauga Here is a typical scenario: While walking down the aisle at a convenience store, Kofi a nurse suddenly and unexpectedly slipped and fell to the ground. He felt something break in his leg during the fall. He was unable to get up. An ambulance was called. While Kofi waited for medical help, he noticed that a cleaner employed by the store had negligently spilt and not mopped up some water on the floor where he slipped. There were no signs in the area that could have warned him of the ongoing cleaning or of the slippery conditions prior to his fall. At the hospital, after an x-ray was done, Kofi was informed that had multiple fractures. He had to be operated upon immediately. His leg will be in a cast for 6 weeks. The surgeon informs him that he will likely be unable to return to his job 3 more months depending on how the fracture healed. What are Kofi’s rights? What can he claim? In Ontario, a person injured due to the negligence of a third party has the right to sue the at fault party to recover damages (money) for losses directly attributable to the injuries suffered. What they can you claim? In Ontario, there are generally two types of damages. Damages that can be calculated (pecuniary damages) and damages that cannot be easily calculated (non-pecuniary). Damages for Pain and Suffering (NonPecuniary Damages) Some compensatory damages are relatively easy to quantify such as reimbursement for lost wages or medical bills, others are more difficult such as placing monetary value on pain and suffering or the inability to enjoy hobbies because of physical limitations caused by
injury suffered; the length of time it will take the injury to heal; • t h e n a t u r e o f the treatment required to treat the injury (is surgery necessary); • the length of time that a person is accident-related injuries. hospitalized In the above scenario, or sent to Kofi obviously suffered rehabilitation; pain as a result of the • t h e p h y s i c a l injury. He felt pain and emotional directly after the fall, limitations that surgery and in the months the injury will and years as he struggled cause the injured to get his health and life p ers on s , b o th back together. Years later, in the short and he still has arthritic pains long term; and and has been advised • any pre-existing that he may never fully injuries that the heal. Pain medicine is injured person how he tolerates his days. had when they In dealing with a case were injured. such as Kofi’s, our Courts will compensate him for O t h e r t y p e s o f “pain and suffering”. compensation that are This is what is called typically claimable are non - pecuniary damages. loss of income, medical and rehabilitation The Supreme Court of expenses, housekeeping Canada in 1978 capped and home maintenance the amount of damages s e r v i c e s , f a m i l y that can be awarded m e m b e r c l a i m s . for pain in suffering. Wi t h i n f l a t i o n , t h a t In addition to damages award is approximately for pain and suffering, $340,000.00 for the most a Court in Ontario can severe cases of pain award an injured party and suffering, such as damages for other losses in the case of a young that they have suffered adult who has lost limbs. or which they will suffer in the future under the In Andrews v. Grand & above heads of damages. Toy Alberta Ltd., our Supreme Court opined For example, in the that damages for pain a b o v e s c e n a r i o , t h e and suffering are not injury resulted in the really compensatory as no victim being off work money can provide true for months. He would restitution. Accordingly, likely require extensive such damages should physiotherapy treatments be viewed as simply and will incur expenses providing additional such as purchase of money to make life more crutches, medications and endurable. Therefore, the other assistive devices. range of damages awarded If he had a family and for pain and suffering was primarily responsible range anywhere from for looking after meals, $1.00 to $340,000.00 cleaning, clearing snow depending on the nature etc, he may need to hire and gravity of the injury. someone to assist with these activities of daily In Ontario, a variety of living. These legitimate factors go into determining expenses are recoverable the amount that a Court from the store where will award for pain and the injury occurred. suffering. Factors that the Courts consider are: Stated differently, he • the age of the will be able to recover injured person; the past lost income, the • the severity of the costs of physiotherapy •
and other medical treatments, crutches, pain medications etc. In addition, he will also be able to recover legitimate costs paid for assistance with day-to-day activities ordinarily done by him If the injury is a long term injury, he can recover future loss of income, projected future care costs and rehabilitation costs from the store. Because these damages are damages that have not yet been suffered, it will be necessary to obtain medical opinions about how his injuries will progress in the future and what surgical interventions may be required and what
limitations if any will impact his ability to work, to look after his family etc. It may also be necessary to obtain reports from an economist, actuary and/or a rehabilitation specialist to fully determine the amount of future losses. In contrast to damages for pain and suffering, damages for past and future loss of income, care and rehabilitation costs do not have a limit and are based on the injured person’s circumstances. In conclusion, damages flow from liability. The amount of money a person can receive for a slip and fall injury varies. If the injury is serious and long term, the award can be in
six figures especially if the injured party is unable to return to work. Where the injury is of a less severe or transitory nature and there has been full healing, the award by a court for pain may be less. If you or a loved one has been the victim of a slip and fall or other personal injury, it’s a good idea to consult a personal injury Lawyer as soon as possible. The consultation is usually free. Bode Odetoyinbo is Partner at Odetoyinbo’s L L P, B a r r i s t e r and Solicitors. 905-487-6333, bode@ lawyer4me.com , www.lawyer4me.com
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