Sue a business of injury... Could I sue when I consumed alcohol?
This is a discussion on Sue a business of injury... Could I sue when I consumed alcohol? within the Injury & Worker's Compensation forum, part of the ACCIDENTS, PERSONAL INJURY, INSURANCE category; i was injured at my sons relatives workplace 4 weeks ago. a thick piece of steel fell on my right ...
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#1 |
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Junior Member
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Join Date: Apr 2012
Posts: 2
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i was injured at my sons relatives workplace 4 weeks ago. a thick piece of steel fell on my right lower leg that tore both tendons and artery of my thigh and artery of achilles tendon. the surgeon repaired them both have no feeling on my heel and parts of my thigh. the person working there led me through the shop toward there their house addition when i must have touch a thick piece of round steel which fell on to my leg. my issue before starting a lawsuit is they are relatives of my son and the person who led me in the shop who is my sons uncle - we both had a few glasses of wine. could u give me any advice on my situation and if i could sue when i consumed alcohol.
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#2 |
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Join Date: Dec 2009
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I wish to inform you that you can claim compensation from the owner of business because you were not at fault. In this regard your compensation will include compensation for your medical expenses as well as pain and suffering. You may first send a demand notice and if other party refuses then you can file a lawsuit. You may self represent yourself or may be represented by a lawyer.
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#3 |
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Join Date: Sep 2010
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Before start suing the owner of the workplace you need to confirm that, whether an outsider is permissible to enter into the workplace where these type of dangerous material are kept. If the steel pieces are kept in a place where all visitors are allowed to enter, then it is the liability of the owner to keep it in a safe manner. If it is so you can sue them for your injuries.
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#4 | |
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#5 | |
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According to your fact pattern, you state that you must have touched a thick piece of round steel which fell on your leg. Under Canadian law, contributory negligence is used to determine if there is joint fault and compensation may be awarded accordingly. Each province has a Contributory Negligence Act that allows courts to divide responsibility between the parties. Fact patterns, being limited when reported on this forum, can often mislead. For example, you were escorted and admit that both you and your escort had been drinking alcoholic beverages. All these facts must be evaluated before proceeding. I suggest that you seek legal counsel. There are many factors to consider before pronouncing that you lack fault, have a claim, compensation, etc. Good luck. |
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#6 |
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If the escort works there and led you towards the scene of the accidents, isn't it possible that the negligence was theirs and negates the alcohol being a mitigating factor for you?
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