Ottawa Social Host Liability Lawyers - Quinn Thiele Mineault Grodzki LLP - Can I be held liable when hosting a holiday party?

Ottawa Social Host Liability Lawyers - Quinn Thiele Mineault Grodzki LLP.

During the holiday season, people tend to socialize more and drink more alcohol. Unfortunately, there also tends to be more people drinking and driving. As a home owner (or tenant) hosting a holiday party or any other get together where alcohol is supplied , the question becomes whether there is exposure to liability if someone drinks at your home and then drives drunk. Can the home owner or host be held responsible should the drunk driver injure or kill someone. The answer in short is – absolutely yes. The area of law surrounding this issue is called social host liability. As an Ottawa personal injury law firm, we often receive calls from persons concerned about social host liability. The inquiries focus around the home owner wanting to host a party where alcohol will be served, what the responsibilities of a host are and what the risks are.

If you serve alcohol at your home, whether at a party or just a friendly gathering, there is always risk. The risk increases with knowledge and the amount of drinking involved. If you are aware that someone who attended your home has become intoxicated and is unable to drive, you arguably have a legal obligation to try and stop that person even if that involves calling 911. If the person becomes intoxicated at your home, drives and injures someone else, you can be held liable under the social host liability principles.

As Ottawa Accident Lawyers - Ottawa Social Host Liability Lawyers, we urge you to drink responsibly. If you drink, simply do not drive. If someone wants to drive drunk, safely stop them from driving. Planning is important. There are options: have a designated driver, take the bus, call a cab, call a friend, stay over night, call Operation Red Nose, call Responsible Choice.

For legal advice in personal injury issues, call us for a free consultation. Ottawa Social Host Lawyers, Ottawa Injury Lawyer. 613-563-1131.

Winter Accidents and Personal Injury Claims - Ottawa Winter Injury Lawyers

Winter Accidents and Personal Injury Claims - Ottawa Winter Injury Lawyers

Winter can be a particularly perilous time, especially in locations where ice is likely to form. Snow and ice are very difficult to cope with at the best of times; however, this problem is made worse by poorly gritted, salted or managed areas.

All owners and occupiers of property, including private property owners, business owners, government property managers etc... have a duty to ensure their property is well managed and safe for use. Ice and snow must be removed or made safe. Winter injury claims can arise through a variety of circumstance - slip on ice - slip on snow - cat accidents and you could be entitled to compensation if you have slipped and injured yourself as a result of ice or snow that should have been properly dealt with by the property owner.

If you have slipped on ice or sustained an injury caused by snow and winter conditions that could have been avoided by a property owner, you may have a case to advance a claim for compensation. Call us at 613-563-1131 or 613-315-4878 for a free consultation. We accept injury cases on a no fee until you win basis. Ottawa Accident and Injury lawyers. Marc Nicholas Quinn, winter accident lawyer.

What does No Fee Until You Win basis - contingency fee based legal services mean? Ottawa car accident and personal injury lawyers explain.

What does No Fee Until You Win basis - contingency fee based legal services mean? Ottawa car accident and personal injury lawyers explain.

Quinn Thiele Mineault Grodzki LLP is law firm comprised of lawyers and law clerks who are dedicated to helping persons injured in accidents. We use our own funds and resources to advance the interests of our clients. Personal injury cases can be very expensive to pursue. It can sometimes costs tens of thousands of dollars or even more than a hundred thousand dollars to pursue a claim. At our Ottawa injury law firm, we handle personal injury cases on a No Fee Until You Win basis, called contingency fee based legal services. We provide you with access to justice that you might otherwise not be able to afford.

What does no contingency fee based legal services mean? It means that our personal injury lawyers will not charge you an hourly rate for our personal injury legal services. Instead, our lawyers will be paid a percentage of any recovery that may result from a settlement, award, or judgment. With a contingency fee based agreement, our lawyers are paid only if they obtain a settlement, award, or judgment for you. As well, our law firm will wait until the resolution of your injury case to recover disbursements and expenses such as expert fees, court costs, medical costs etc...

At our Ottawa accident and injury law firm, our lawyers believe that the inability to pay a lawyer should not prevent anyone from obtaining legal advice and so we offer free consultations. Our lawyers have a high rate of success in obtaining significant fair compensation for our clients. Our expertise is built on many years of experience handling all types of accident and injury cases across Ontario.

If you or someone you care about has been injured in a car accident, trip and fall, slip and fall, dog bite or attack incident, or injured any other way due to someone else’s carelessness, please feel free to call us for a free consultation. Let one of our personal injury lawyers explain your rights to you and provide you with a free assessment of your case. Call us at 613-315-4878.

How to hire an Ottawa car accident lawyer? Ottawa mva lawyer

How to hire an Ottawa car accident lawyer? Your Ottawa MVA lawyers.

YOUR QUESTIONS ANSWERED

Most car accident victims have immediate questions about their potential car accident claim. The process with us starts by answering your initial general questions and concerns, free of charge. We willingly provide free legal advice. All of your specific legal questions are also answered by one of our car accident lawyers. We explain the entire claims for compensation process from beginning to end.

EVALUATION PERFORMED

As part of the process, one of our experienced car accident lawyers will gather all the relevant information needed to complete an initial evaluation of your case for you. In general terms, the evaluation will include our initial view in your chances of winning your case, the various damages and compensation you may be entitled to receive, the various steps needed to succeed in your case and the length of time your car accident case will likely take to complete.

OPTIONS EXPLAINED

We will of course review the particular needs of you and your family and consider the facts of your case specifically. We will provide you with our opinion about your traffic or auto accident case. Also, we will explain and discuss all of your options with you, explaining the risks and benefits of each option.

ADVICE

Our Ottawa mva lawyers will provide you with reliable and experienced legal advice and discuss wit you what we believe is your best course of action. You can choose to hire us as your expert car accident lawyers. We will discuss how to retain us and discuss our no fee until you settle guaranty.

HIRE US

In retaining us, we immediately assign a team of lawyers, paralegals and law clerks to advance your interests and protect your rights. We will keep you informed of each step in the entire process of handling your car accident case.

SETTLE YOUR CAR ACCIDENT CLAIM

Finally, we will settle your case and obtain fair compensation for your injuries.

Ottawa car accident, mva, motor vehicle accident lawyers. Marc Quinn. 613-315-4878.

Geographic Areas - Injury and Accident Lawyers

At Quinn Thiele Mineault Grodzki LLP, Accident and Injury Lawyers, we service all of Ontario. No case is too big or small. We handle them all.

All of Ontario... and

Ottawa personal injury lawyers
Greater Ottawa Area
Ajax personal injury lawyers
Alexandria personal injury lawyers
Almonte personal injury lawyers
Arnprior personal injury lawyers
Athens personal injury lawyers
Belleville personal injury lawyers
Bobcaygeon personal injury lawyers
Brockville personal injury lawyers
Carleton Place personal injury lawyers
Casselman personal injury lawyers
Chesterville personal injury lawyers
Clarence Creek personal injury lawyers
Cobourg personal injury lawyers
Cornwall personal injury lawyers
Deep River personal injury lawyers
Embrun personal injury lawyers
Eganville personal injury lawyers
Frontanac personal injury lawyers
Gananogue personal injury lawyers
Hastings personal injury lawyers
Hawkesbury personal injury lawyers
Horton personal injury lawyers
Kanata personal injury lawyers
Kemptville personal injury lawyers
Kingston personal injury lawyers
Laurential Hill personal injury lawyers
L’Orignal personal injury lawyers
Markham personal injury lawyers
Merickville personal injury lawyers
Metcalfe personal injury lawyers
Morrisburg personal injury lawyers
Napanee personal injury lawyers
Newmarket personal injury lawyers
North Dundas personal injury lawyers
North Glengarry personal injury lawyers
North Gower personal injury lawyers
North Grenville personal injury lawyers
North Stormont personal injury lawyers
Nothumberland personal injury lawyers
Odessa personal injury lawyers
Osgoode personal injury lawyers
Oshawa personal injury lawyers
Pembroke personal injury lawyers
Petawawa personal injury lawyers
Perth personal injury lawyers
Peterborough personal injury lawyers
Pickering personal injury lawyers
Picton personal injury lawyers
Port Hope personal injury lawyers
Prescott personal injury lawyers
Quinte West personal injury lawyers
Renfrew personal injury lawyers
Richmond personal injury lawyers
Rockland personal injury lawyers
Russell personal injury lawyers
Smith Falls personal injury lawyers
South Dundas personal injury lawyers
South Glengarry personal injury lawyers
South Stormont personal injury lawyers
Tay Valley personal injury lawyers
Toronto personal injury lawyers
Trenton personal injury lawyers
Tweed personal injury lawyers
Vaughan personal injury lawyers
Westport personal injury lawyers
Winchester personal injury lawyers

and all cities, communities, districts, municipalities, regions, towns, townships and villages in between.

Negligence Act - Ottawa Accident Lawyers

Ottawa Accident Lawyers - Accident Lawyers - Slip and Fall Lawyers - Trip and Fall Lawyers -- Negligence Lawyers - 613-563-1131

Negligence Act, R.S.O. 1990, CHAPTER N.1


Extent of liability, remedy over

1.  Where damages have been caused or contributed to by the fault or neglect of two or more persons, the court shall determine the degree in which each of such persons is at fault or negligent, and, where two or more persons are found at fault or negligent, they are jointly and severally liable to the person suffering loss or damage for such fault or negligence, but as between themselves, in the absence of any contract express or implied, each is liable to make contribution and indemnify each other in the degree in which they are respectively found to be at fault or negligent. R.S.O. 1990, c. N.1, s. 1.

Recovery as between tortfeasors

2.  A tortfeasor may recover contribution or indemnity from any other tortfeasor who is, or would if sued have been, liable in respect of the damage to any person suffering damage as a result of a tort by settling with the person suffering such damage, and thereafter commencing or continuing action against such other tortfeasor, in which event the tortfeasor settling the damage shall satisfy the court that the amount of the settlement was reasonable, and in the event that the court finds the amount of the settlement was excessive it may fix the amount at which the claim should have been settled. R.S.O. 1990, c. N.1, s. 2.

Plaintiff guilty of contributory negligence

3.  In any action for damages that is founded upon the fault or negligence of the defendant if fault or negligence is found on the part of the plaintiff that contributed to the damages, the court shall apportion the damages in proportion to the degree of fault or negligence found against the parties respectively. R.S.O. 1990, c. N.1, s. 3.

Where parties to be deemed equally at fault

4.  If it is not practicable to determine the respective degree of fault or negligence as between any parties to an action, such parties shall be deemed to be equally at fault or negligent. R.S.O. 1990, c. N.1, s. 4.

Adding parties

5.  Wherever it appears that a person not already a party to an action is or may be wholly or partly responsible for the damages claimed, such person may be added as a party defendant to the action upon such terms as are considered just or may be made a third party to the action in the manner prescribed by the rules of court for adding third parties. R.S.O. 1990, c. N.1, s. 5.

Jury to determine degrees of negligence of parties

6.  In any action tried with a jury, the degree of fault or negligence of the respective parties is a question of fact for the jury. R.S.O. 1990, c. N.1, s. 6.

When plaintiff may be liable for costs

7.  Where the damages are occasioned by the fault or negligence of more than one party, the court has power to direct that the plaintiff shall bear some portion of the costs if the circumstances render this just. R.S.O. 1990, c. N.1, s. 7.

Ottawa Accident Lawyers - Accident Lawyers - Slip and Fall Lawyers - Trip and Fall Lawyers -- 613-563-1131

Ottawa Accident Lawyers - Accident Lawyers - Slip and Fall Lawyers - Trip and Fall Lawyers -- 613-563-1131


Occupiers’ Liability Act, R.S.O. 1990, CHAPTER O.2


Definitions
1.In this Act,
“occupier” includes,
(a) a person who is in physical possession of premises, or
(b) a person who has responsibility for and control over the condition of premises or the activities there carried on, or control over persons allowed to enter the premises,
despite the fact that there is more than one occupier of the same premises; (“occupant”)
“premises” means lands and structures, or either of them, and includes,
(a) water,
(b) ships and vessels,
(c) trailers and portable structures designed or used for residence, business or shelter,
(d) trains, railway cars, vehicles and aircraft, except while in operation. (“lieux”) R.S.O. 1990, c. O.2, s. 1.

Common law duty of care superseded

2.Subject to section 9, this Act applies in place of the rules of the common law that determine the care that the occupier of premises at common law is required to show for the purpose of determining the occupier’s liability in law in respect of dangers to persons entering on the premises or the property brought on the premises by those persons. R.S.O. 1990, c. O.2, s. 2.

Occupier’s duty

3.(1)An occupier of premises owes a duty to take such care as in all the circumstances of the case is reasonable to see that persons entering on the premises, and the property brought on the premises by those persons are reasonably safe while on the premises.

Idem

(2)The duty of care provided for in subsection (1) applies whether the danger is caused by the condition of the premises or by an activity carried on on the premises.

Idem

(3)The duty of care provided for in subsection (1) applies except in so far as the occupier of premises is free to and does restrict, modify or exclude the occupier’s duty. R.S.O. 1990, c. O.2, s. 3.

Risks willingly assumed

4.(1)The duty of care provided for in subsection 3 (1) does not apply in respect of risks willingly assumed by the person who enters on the premises, but in that case the occupier owes a duty to the person to not create a danger with the deliberate intent of doing harm or damage to the person or his or her property and to not act with reckless disregard of the presence of the person or his or her property.

Criminal activity

(2)A person who is on premises with the intention of committing, or in the commission of, a criminal act shall be deemed to have willingly assumed all risks and is subject to the duty of care set out in subsection (1).

Trespass and permitted recreational activity

(3)A person who enters premises described in subsection (4) shall be deemed to have willingly assumed all risks and is subject to the duty of care set out in subsection (1),

(a) where the entry is prohibited under the Trespass to Property Act;
(b) where the occupier has posted no notice in respect of entry and has not otherwise expressly permitted entry; or
(c) where the entry is for the purpose of a recreational activity and,
(i) no fee is paid for the entry or activity of the person, other than a benefit or payment received from a government or government agency or a non-profit recreation club or association, and
(ii) the person is not being provided with living accommodation by the occupier.
Premises referred to in subs. (3)
(4)The premises referred to in subsection (3) are,
(a) a rural premises that is,
(i) used for agricultural purposes, including land under cultivation, orchards, pastures, woodlots and farm ponds,
(ii) vacant or undeveloped premises,
(iii) forested or wilderness premises;
(b) golf courses when not open for playing;
(c) utility rights-of-way and corridors, excluding structures located thereon;
(d) unopened road allowances;
(e) private roads reasonably marked by notice as such; and
(f) recreational trails reasonably marked by notice as such. R.S.O. 1990, c. O.2, s. 4.

Restriction of duty or liability

5.(1)The duty of an occupier under this Act, or the occupier’s liability for breach thereof, shall not be restricted or excluded by any contract to which the person to whom the duty is owed is not a party, whether or not the occupier is bound by the contract to permit such person to enter or use the premises.

Extension of liability by contract

(2)A contract shall not by virtue of this Act have the effect, unless it expressly so provides, of making an occupier who has taken reasonable care, liable to any person not a party to the contract, for dangers due to the faulty execution of any work of construction, maintenance or repair, or other like operation by persons other than the occupier, employees of the occupier and persons acting under the occupier’s direction and control.

Reasonable steps to inform

(3)Where an occupier is free to restrict, modify or exclude the occupier’s duty of care or the occupier’s liability for breach thereof, the occupier shall take reasonable steps to bring such restriction, modification or exclusion to the attention of the person to whom the duty is owed. R.S.O. 1990, c. O.2, s. 5.

Liability where independent contractor

6.(1)Where damage to any person or his or her property is caused by the negligence of an independent contractor employed by the occupier, the occupier is not on that account liable if in all the circumstances the occupier had acted reasonably in entrusting the work to the independent contractor, if the occupier had taken such steps, if any, as the occupier reasonably ought in order to be satisfied that the contractor was competent and that the work had been properly done, and if it was reasonable that the work performed by the independent contractor should have been undertaken.

Idem

(2)Where there is more than one occupier of premises, any benefit accruing by reason of subsection (1) to the occupier who employed the independent contractor shall accrue to all occupiers of the premises.

Idem

(3)Nothing in this section affects any duty of the occupier that is non-delegable at common law or affects any provision in any other Act that provides that an occupier is liable for the negligence of an independent contractor. R.S.O. 1990, c. O.2, s. 6.

Application of ss. 5 (1, 2), 6

7.In so far as subsections 5 (1) and (2) prevent the duty of care owed by an occupier, or liability for breach thereof, from being restricted or excluded, they apply to contracts entered into both before and after the commencement of this Act, and in so far as section 6 enlarges the duty of care owed by an occupier, or liability for breach thereof, it applies only in respect of contracts entered into after the 8th day of September, 1980. R.S.O. 1990, c. O.2, s. 7.
Obligations of landlord as occupier

8.(1)Where premises are occupied or used by virtue of a tenancy under which the landlord is responsible for the maintenance or repair of the premises, it is the duty of the landlord to show towards any person or the property brought on the premises by those persons, the same duty of care in respect of dangers arising from any failure on the landlord’s part in carrying out the landlord’s responsibility as is required by this Act to be shown by an occupier of the premises.

Idem

(2)For the purposes of this section, a landlord shall not be deemed to have made default in carrying out any obligation to a person unless the landlord’s default is such as to be actionable at the suit of the person entitled to possession of the premises.

Definitions

(3)For the purposes of this section, obligations imposed by any enactment by virtue of a tenancy shall be treated as imposed by the tenancy, and “tenancy” includes a statutory tenancy, an implied tenancy and any contract conferring the right of occupation, and “landlord” shall be construed accordingly.

Application of section

(4)This section applies to all tenancies whether created before or after the commencement of this Act. R.S.O. 1990, c. O.2, s. 8.

Preservation of higher obligations

9.(1)Nothing in this Act relieves an occupier of premises in any particular case from any higher liability or any duty to show a higher standard of care that in that case is incumbent on the occupier by virtue of any enactment or rule of law imposing special liability or standards of care on particular classes of persons including, but without restricting the generality of the foregoing, the obligations of,
(a) innkeepers, subject to the Innkeepers Act;
(b) common carriers;
(c) bailees.

Employer and employee relationships

(2)Nothing in this Act shall be construed to affect the rights, duties and liabilities resulting from an employer and employee relationship where it exists.

Application of Negligence Act

(3)The Negligence Act applies with respect to causes of action to which this Act applies. R.S.O. 1990, c. O.2, s. 9.

Act binds Crown

10.(1)This Act binds the Crown, subject to the Proceedings Against the Crown Act.

Exception

(2)This Act does not apply to the Crown or to any municipal corporation, where the Crown or the municipal corporation is an occupier of a public highway or a public road. R.S.O. 1990, c. O.2, s. 10.

Application of Act

11.This Act does not affect rights and liabilities of persons in respect of causes of action arising before the 8th day of September, 1980. R.S.O. 1990, c. O.2, s. 11.
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