Hurt on a Landlord's Property

Due to carelessness, negligence, or sometimes simple misfortune, people get hurt through accidents on apartment properties. The injuries may arise from dog bites (dogs owned by other tenants), slip and falls due to ice or snow, trips or falls caused by crumbling concrete, steps or walkways, or even injuries inside rental units due to neglect and lack of repair. If you or someone you know has suffered an injury inside a rental apartment or house--what can you do? The fact is that both a tenant and a landlord may be liable in tort for the injuries sustained by a guest. What is sometimes less clear is that a landlord may be liable for the injuries sustained by a tenant of that landlord if the injury is caused by the landlord's negligence and neglect. A landlord does not have any special protection from being sued simply by being in a landlord and tenant relationship---regardless of what the lease says! Given the serious consequences of suffering a personal injury (pain and suffering, loss of income, loss of future income, loss of earning capacity, special expenses including medical and medical assistive devices) it is important to explore all sources of compensation to help the injury victim get through the ordeal. My law-firm, located in Ottawa, Ontario, is considered a leading boutique personal injury law firm. This label "boutique" means that personal injury work is the primary focus of the firm. We currently have eight lawyers in the firm focusing exclusively on personal injury claims. Needing a personal injury lawyer in Ontario is actually less stressful than needing any other kind of lawyer from a financial perspective. Almost all personal injury matters are handled on a "don't pay unless you win basis" meaning there is no risk of having to pay us for services unless you win or settle your claim. Accordingly, it is worthwhile to get an opinion about injuries that happen on a landlord's property. Consultations are free and I would be pleased to hear from you. Michael K. E. Thiele Quinn Thiele Mineault Grodzki LLP Ottawa, Ontario 613-563-1131

Sinkhole on the 174--Ottawa

A sinkhole on highway 174 towards Orleans closed the highway today. Surely it is miraculous that there were no serious injuries. It is reported that the driver of the vehicle shown here managed to exit the vehicle and walk away. From a personal injury law perspective, the driver of the vehicle and any passenger, if injured, would immediately have recourse against their own insurer for accident benefits (i.e. income replacement, medical treatments, etc..). Such benefits are available to any person injured in a motor-vehicle accident in Ontario--including in a sink hole!

Many thanks to Ottawa Fire Services for taking and making the above photo available.

Ottawa Traffic Maps

The city of Ottawa provides some interesting live and interactive information in relation to traffic within the City. Through it's website at Ottawa Maps you can find live map based information relating to construction events, incidents, red-light cameras, traffic video, and much other information. Watching live traffic, getting updates, is easily accessible from any computer or smartphone. At Quinn Thiele Mineault Grodzki LLP, personal injury lawyers, we make use of the information provided through this site in building and collecting evidence in support of our clients' cases. The amount of information that is available is impressive. The only trick is to know where to look.

Bronson Avenue & Gladstone Update

A short while ago we blogged about the construction on Bronson Avenue in Ottawa. The construction caused significant traffic problems as entire sections and intersections became impassable. The City of Ottawa, partly in response to complaints, stepped up the pace of construction to allow more orderly flow of traffic. As a result the City of Ottawa has announced that the intersection of Bronson Avenue and Gladstone Avenue will open to east-west traffic starting at noon on Friday, August 31, 2012. Hopefully this will allow people to get a little closer to the area with their vehicles. As many of you know, the merchants on Bronson have been suffering terribly throughout this summer and there is a lot more construction to come. Note that access along Bronson Avenue during the construction is being maintained for pedestrians and wheelchair users. If you are able to patronize the businesses, especially during this time, it would be appreciated. Certainly the partners at Quinn Thiele Mineault Grodzki LLP, personal injury lawyers Ottawa, are trying to take regular walks over to the area to support the local business owners.

Back to School--Road Safety

Quinn Thiele Mineault Grodzki LLP, personal injury lawyers Ottawa, along with the City of Ottawa and Ottawa Police, are reminding motorists that some children are already back in school and that most others will be back to school next Tuesday. In Ottawa, as in other Cities across Ontario this means that motorists will see many more school buses making regular stops to let children on an off buses as well many more children in road intersections and along sidewalks. Ottawa Public health encourages parents to let their children walk to school as this kind of activity is a good part of the physical activity that children should have every day. People, and especially motorists, should keep in mind that as children are on the sidewalks, crossing roads, and walking along roads that they have an obligation to be extra vigilant about these pedestrians. This obligation is not just the "right" thing to do for our young people, but in fact it is a legal obligation of motorists. A driver has a duty to be aware of the surroundings, the roadway, and pedestrians along and on the roadway. Striking a pedestrian is presumptively the fault of a driver who is required to keep a proper lookout along the route. As part of it's road safety program the City of Ottawa has posted five portable variable message signs at high traffic intersections that will operate for the next two weeks. These signs will remind drivers of the start of school as well as their obligation to exercise vigilance when driving near schools and school buses. At QTMG LLP, we look forward to the start of school for all of the children (and perhaps especially our own!). Lets hope for a safe and great start to a new school year.

QTMG LLP Flies Porter

At Quinn Thiele Mineault Grodzki LLP we know that our clients can not always come to us. At times it is necessary to travel and the lawyers at QTMG will travel. Today the writer is traveling via Porter airlines and the photo shown here is in the computer room of the Porter Lounge in Ottawa. Porter is fantastic!

Welcome Back University & College Students

As the summer ends, the lawyers at Quinn Thiele Mineault Grodzki LLP, personal injury lawyers Ottawa, wish to welcome, and welcome back university and college students in the City. We count many students among our clients and we certainly have an interest in assisting any student in the area who needs our help. Respecting student safety the Ottawa Police, the City, and University officials are taking an active role. Starting next week, teams of officers, bylaw inspectors, representative from Action Sandy Hill and University of Ottawa and local councillors will be visiting areas with high student populations bringing them information about City bylaws and property standards. Take note that the Ottawa Police along with the Alcohol and Gaming Commission of Ontario have a new program called Community Alcohol Safety and Enforcement program (CASE) that will augment on-going inspection/enforcement efforts.Many of the calls received at QTMG LLP at the beginning of the school year involve Landlord and Tenant law issues. Mr. Thiele, one of the founding partners of QTMG LLP, is a recognized authority in residential landlord and tenant law matters.At Quinn Thiele Mineault Grodzki LLP we are always pleased to speak with anyone in need of legal help. Our telephone consultations are free of charge.

Harzardous Waste--Be Safe

At Quinn Thiele Mineault Grodzki LLP, personal injury lawyers Ottawa, we are frequently contacted by people whose children have been inadvertently exposed to hazardous materials. This most often happens in homes where there have not been any small children for a good number of years. These homes tend not to be "child proofed". So what exactly are hazardous materials? Hazardous materials include Aerosol containers, propane cylinders, disinfectants, fluorescent bulbs/tubes, fire extinguishers, fertilizers and pesticides, mercury switches/thermometers, needles and syringes, pharmaceuticals, paints and coatings oven and window cleaners, pool chemicals, and batteries. As you can see from this list, hazardous materials are, for the most part, fairly common household items. That being said, if you have a shelf that looks like this photo, and you have no need for these items any longer, you may wish to consider taking these items to a hazardous waste disposal depot. On Saturday August 25, 2012, from 9 a.m. to 4 p.m., at Tunney's Pasture parking lot at 150 Tunney's Pasture Driveway between Goldenrod Drive and Sorrel Drive, the City of Ottawa is holding a mobile Household Hazardous Waste Depot. At QTMG LLP we would like to encourage everyone with unused hazardous household materials to bring them to a depot for safe and environmentally friendly disposal. Not only will this remove some clutter, but it will also make your home a safer place for small children.

BRONSON AVENUE RECONSTRUCTION

Perhaps the recent complaints in various media have made a difference. Bronson Avenue in Ottawa has been undergoing a complete reconstruction and has been impassable for months. The work includes replacement of water and sewer pipes as well as improvement of the street with the installation of a signalized crosswalk to improve pedestrian safety. The City of Ottawa has announced that the working hours on this project are now being extended to include Saturdays between 8 a.m. and 6 p.m.. This will continue until December 2012. At Quinn Thiele Mineault Grodzki LLP, personal injury lawyers Ottawa, we have taken note of the construction work on Bronson and are hopeful that this reconstruction work along with some design changes will result in a safer street. Bronson has become a heavily used and fast artery. As many others in the community using Bronson, it was apparent that entering Bronson from the side streets was increasingly difficult and certainly there seems to have been an increase of collisions between cars and bicycles. With this reconstruction and another signalized intersection we can hope that the street is becomes safer.

QTMG PROFILES: Marc Quinn

Marc Quinn is an accomplished Ottawa lawyer soon to be graduating into the ranks of senior counsel. Senior counsel is a reference to his over 15 years of experience in the Ontario Courts. During this time Marc has developed powerful skills in his litigation practice representing individual clients from all walks of life. As a founding partner of Quinn Thiele Mineault Grodzki LLP, personal injury lawyers Ottawa, Marc was instrumental in the firm's shift from a general practice to a focused practice in personal injury law and insurance litigation. When called upon to explain the change in focus Marc explains that to him, the greatest power imbalances and hence the greatest injustices appeared to him in seeing an injury victim, a fire-loss claimant, or anyone for that matter trying to take on an insurance company or a big corporation. As anyone who has been in the legal system knows, the financial cost of going through the process is often enough to bankrupt a person well before any trial or resolution of a case by the Court. The unfairness in the system, the difficulty with access to justice, is what inspired Marc to change the direction of his lawfirm to focus on personal injury work---with the expectation that virtually 100% of the cases in the office be funded by the lawfirm itself. To Marc's mind, clients who have been seriously injured, can not and should not be expected to deplete their life savings paying a lawyer to chase a huge insurance company through the Courts. Accordingly, at QTMG LLP, the vast majority of all personal injury files are pursued on a contingency fee basis----a true contingency fee basis. This means that a client pays nothing--no fees, no taxes, no disbursements unless the money to pay these things is recovered through a lawsuit or settlement with the person who caused the injury in the first place. Marc's passion is his work, his law firm, and the people he helps. This frequently takes him away from his family, his two girls, and his many friends in the community. Marc's passion for helping regular people led him, several years ago, to pursue training in alternative dispute resolution in the family law context as well as mediation training at an advanced level for all types of conflicts. Being able to provide mediation services to people in conflict is another way for disputes to be resolved, hopefully early on, before the extreme expense of the Court system takes over. To that end, Marc is a Court Connected Roster mediator and makes his services available at reduced hourly rates for mediation. Marc was born and raised in Ottawa and attended the University of Ottawa law school. He is fluently bilingual and will conduct cases, interviews, and mediations in French. If you have suffered an injury, are fighting an insurance company, or simply need legal help, you may wish to call Marc for his advice and assistance.

QTMG PROFILES: Mikolaj Grodzki

Perhaps you have stumbled across this article because you are looking for a lawyer. Specifically a personal injury lawyer. If so, we are pleased to introduce you to Mikolaj Grodzki, a partner at the law firm of Quinn Thiele Mineault Grodzki LLP, personal injury lawyers Ottawa. Mr. Grodzki is first and foremost a compassionate man with a keen sense of justice. Having worked in the insurance defence industry he has well developed understanding of the challenges faced by injury victims and how the insurance industry can sometimes stand in the way of Justice for those injury victims. Mr. Grodzki now only works for injury victims and he largely confines his practice to motor-vehicle accident / car accident / motorcycle accident law. Why a confined practice? The fact is that insurance law in Ontario, as it relates to car accidents / motor-vehicle accidents is increasingly complex. To be highly effective and successful in helping injury victims it is Mr. Grodzki's opinion that you can not dabble in many different areas of law without losing the specialized knowledge that comes from extensive experience. That kind of experience is what every injury victim should have working for them. Asked about how an injury victim should hire a lawyer, Mr. Grodzki said that " the key is to meet me, let us talk about what happened, let me explain how I can help, and let me tell you how I am working for you." At the end of that meeting, "ask yourself if you trust me, did I answer your questions, and do you believe me". When you can answer those questions affirmatively you know you've found your lawyer. Mr. Grodzki has a flexible work schedule with extended hours. His three young children keep him and his wife busy at their home in Orleans, Ontario. Mr. Grodzki will often make house-calls and hospital visits to clients all over eastern Ontario. Sometimes it just isn't possible for a client to travel to his his downtown Ottawa office. Mr. Grodzki's Polish heritage allows him to speak with his clients in Polish though all legal work is necessarily completed in English or French. If you or someone you know needs a personal injury lawyer, consider giving Mr. Grodzki a call. He would be pleased to hear from you.

COMMUNITY INVOLVEMENT: TENANT'S CONFERENCE

At Quinn Thiele Mineault Grodzki LLP, personal injury Ottawa lawyers, our clients are made up of all kinds of people from our community. As part of our community outreach, QTMG LLP lawyers seek out opportunities to provide free legal information to groups and organizations in need of help. Recently, Mr. Michael Thiele conducted a workshop at the Ottawa Tenant's Conference. The workshop, conducted by Mr. Thiele, at this year's conference was on maintenance issues within the residential complex and how to get them dealt with. In years past, Mr. Thiele as conducted workshops at this same Ottawa Tenant's Conference on the procedures of the Landlord and Tenant Board and how to represent oneself at a Board hearing to preserve a tenancy. How you may ask, is personal injury and landlord and tenant law intertwined? The fact is that many tenants suffer injuries on the grounds of their apartment complexes. The injury may be caused by the negligence of the landlord or even another tenant in the building. In these circumstances, QTMG LLP, is often asked to seek compensation on behalf of the injured tenant. Mr. Thiele is a leading lawyer in Eastern Ontario with respect to residential tenancies law. There isn't much that he has not dealt with in relation to landlord and tenant law as he represents both landlords and tenants in relation to all residential landlord and tenant issues. A relatively recent and interesting case that highlights the connection between personal injury law and landlord and tenant law is the case of Montgomery v. Van wherein the Ontario Court of Appeal held that a landlord can not escape the liability for injury caused by failed snow removal--- even if the landlord requires the injured tenant to be responsible for snow removal in their lease. The Court held that terms in a lease requiring the tenant to be responsible for maintenance are unenforceable being contrary to the provisions of the Residential Tenancies Act. If you have questions or issues relating to Ontario Landlord and Tenant Law you may wish to consider contacting Mr. Michael K. E. Thiele for a free consultation.

Pitbull Attacks Man Shopping For Car--Dog Bite Debate

Once again, another tragic story of a pitt bull attacking a man who stopped to look at a car for sale is dominating the news in Ottawa, Ontario. The lawyers at Quinn Thiele Mineault Grodzki LLP, personal injury lawyers Ottawa, know a lot about dog bites and unprovoked dog attacks. While there are many stories like the one in Gatineau, Quebec today, people should be aware that it isn't only large vicious breeds that attack people. Any breed of dog, regardless of how docile, friendly, and good natured they may be, represent a risk for people, especially children. As the debate about certain breeds and dog bites is reignited by the recent pitt bull attack, we would like to make a modest proposal to the politicians--they could make a difference. Our proposal is with respect to the victims, with respect to providing them with adequate remedies in the event of being attacked and suffering serious injuries. As lawyers, we at QTMG LLP have no better ideas about how to prevent dog attacks than most experts in the area. However, we do have experience as direct observers of the profound impact of the injuries caused by dogs gone mad. In short, dog bites / attacks can lead to profound disfigurement, loss of one or more of the senses in all or parts of the body, loss of parts of the body, and deep psychological scarring that will take years of treatment. In the extreme, death. A person who suffers a dog bite/attack can have their entire life changed, destroyed, wiped out in moments. The ability to work, to function normally, to earn a living, to live without pain, to attend school, to interact normally with family--all of these things can be destroyed by an unrestrained dog, someone's pet. When this happens the injury victim needs help and lots of it. Help in the form of medical treatment, counselling, income support, plastic surgery, tutoring, home care, someone to help take care of dependents including children and the elderly, and special care. Most of these items/services, delivered efficiently and in a timely manner, are exceedingly expensive. Most often, the victim lacks the resources to obtain these supports and services and therefore must make do with what is provided through various social welfare programs, their own ingenuity, family and their community. Query, is it right that a dog attack victims are left to fend for themselves in the aftermath of an attack? Is it right that there is uncertainty about victims receiving proper support? Certainly, many people think that a dog attack victim will have the right to sue and therefore get compensated by the dog owner. In theory, this works. In fact, there are many responsible dog owners who are insured. Through their insurance, the dog attack victim may be compensated. Unfortunately, there are many irresponsible dog owners--and they tend to own the dogs that attack people. These irresponsible dog owners are deadbeats who don't take responsibility for their own actions and in this writers view are a scourge on society. These irresponsible dog owners do not have insurance, rarely bother to leash their dogs, and basically set their dogs free on whoever is unlucky enough to be in the vicinity. Against these people, the dog bite/attack victim has no civil recourse. These irresponsible dog owners have nothing, no insurance, no assets, and consequently they are immune to a lawsuit. QTMG LLP's proposal. To make sure that all dog bite/attack victims have the ability to get the compensation they need to obtain the supports and services they need due to the injuries caused by a dog attack; the Dog Owner's Liability Act should be amended to require every dog owner in Ontario to carry pet insurance for the benefit of third parties. There should be severe penalties--i.e. large fines and forfeiture of animals if an owner is caught without insurance. Further, the law should establish a fund, similar to the fund created in the case of uninsured motor vehicle drivers, whereby an injury victim who is unable to recover against a dog owner, or an unidentified dog owner, is entitled to proceed against the Fund for compensation. The cost of the program may be borne entirely by dog owners through the mandatory licensing and insurance requirements in the amended Dog Owners Liability Act. Spread out, over thousands and thousands of dog owners the cost would be negligible in contrast to the benefit conveyed to a child who is profoundly scarred, a mother who has lost her ear(s), eyes, and father who has lost all sensation in a limb. Society insists that people are allowed to keep dogs as pets and accordingly society should make sure that people who are victimized by those pets are at least able to get needed supports and services to help them recover from their injuries. The program would be easy to set up, adjudicative Boards with appropriate expertise already exist (i.e. Criminal Injuries Compensation Board, Financial Services Commission Ontario). We believe that the proposal is reasonable and until we figure out how to prevent dog bites/attacks altogether, a dog owner funded compensation scheme is entirely reasonable and proper. QUINN THIELE MINEAULT GRODZKI LLP; personal injury lawyers Ottawa. Michael K. E. Thiele

WaterParks-Calypso Ottawa

As recently filed lawsuits demonstrate, the high adventure, speed and thrill of big waterpark rides, such as those at Calypso, carry some risk of injury. Big thrills, no matter how well engineered a ride is, can not be entirely risk free. At Quinn Thiele Mineault Grodzki LLP, personal injury lawyers Ottawa, we get calls every day from people who are injured through misadventure. In reviewing the incidents that led to the injuries it is important to consider all of the relevant legal factors to determine if there is indeed any liability. Just because there is an injury does not mean that the park or property owner is liable for that injury. Accordingly, in assessing whether there is merit to a claim, it is important to consider how the park owner, in the recent Ottawa cases, was negligent, in breach of contract or in breach of statutory obligations and the duty of care to the park visitor. As a matter of law, it is not enough to simply rely on the "fact" of the injury to establish financial responsibility on the waterpark. At QTMG LLP, we analyze all aspects of a claim before committing our clients to a lengthy court battle. Expert reports, and in the case of amusement parks, engineering reports and government inspection reports are critically important to determine if indeed the park is responsible for the damages sustained as a result of the injuries. With a proper investigation of the underlying circumstances of any case, obtaining expert reports from appropriate professionals, TSSA reports, investigation reports, and supporting evidence of the extent of the damages suffered, it is often possible and even likely that cases such as those involving Calypso can be resolved without the need for stressful and costly litigation. If you, a friend, family member or colleague has suffered an injury through misadventure, call the lawyers at QTMG LLP for a free consultation.