Dear old Dad tripped over the footrest at a hair salon (in Ontario) and broke his arm. What compensation can he reasonably expect in terms of out of pocket expenses, pain and suffering, and inability to perform basic personal chores. What should his next steps be?
Asked over 2 years ago in Unknown
Categories:
Personal Injury
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 Ontario lawyer
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I assume, you have written to the store and advised them of the fracture (or else that they were aware of it at the time.)
Your Dad will have two issues. First he will have to prove that the store was negligent. If the footrest was a typical footrest that is part of a hairstylist's chair and your Dad simply didn't watch where he was going, this may be a challenge. However, if there was something unusual about the footrest, or it was hazardous in some way, he may succeed in establishing that the store was responsible for his injuries.
Second, he will have to prove his damages. With a fracture, it is not complicated to establish that there was an injury. However, the compensation will depend on how severe the break and how long his is inhibited by it. This is really the kind of case that would benefit from a consultation with a personal injury lawyer. Most lawyers in Ontario offer a free, no obligation consultation so you would not be obligated to hire the lawyer just because you meet. Once a lawyer assessed the case for you, then either you or the lawyer could negotiate with the store's insurance adjuster. Even if the chance of proving that the store was negligent with the footrests is low, the store would still have some risk. In that case, you may still be able to negotiate a settlement, albeit not for the full amount of your father's injuries.
Posted over 2 years ago
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