TORONTO INJURY LAWYER BLOG

We like keeping our posts in tune with current events here at the Toronto Injury Lawyer Blog. We do our best to relate topics in personal injury law to current events as best we can. Sometimes global or local news themes dovetail nicely with personal injury law and how Courts work.

So for this instalment of the Toronto Injury Lawyer Blog, we thought it very interesting to discuss the American Presidential Election, and how it relates to personal injury law.

One of the most common complaints hear about the candidates for President; Donald Trump and Joe Biden; is that they lie, stretch the truth, or take liberties with the truth.

This is done so much that reporters have made careers out of fact checking politicians like Donald Trump. Toronto’s very own Daniel Dale leap frogged from local reporter at the Toronto Star, to Washington correspondent at the Toronto Star; to chief fact checker of Donal Trump at CNN and now has 1.1 million Twitter Followers. 

This is the very same Daniel Dale who received an apology from the late Toronto Mayor Rob Ford over some comments which were later proven to be false.

To go from reporting on the Mayor of the City of Toronto all the way to fact checking the Leader of the Free World in the President of the United States is a huge jump. And Mr. Dale paved his way reporting on the President of the United States by doing one simple thing right; fact checking to report the truth.

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Slip and falls can happen anywhere, at anytime.

Unlike a car accident case, the police don’t come to the scene of a slip and fall to record what happened; or to ticket the at fault party.

That’s very important because in a car accident case, the information regarding liability (the who, where, what, when and why) is recorded by the police. This information is later used by the parties and the Court to place the particulars of the accident in to context. The accident report is relied upon and generally weighed upon by the Court to understand how, where and when the accident happened.

The same cannot be said for a slip and fall case. There is no accident report. There is no recording by independent third party witnesses. There is no accident reconstruction.

Somtimes where a slip and fall happens in a monitored private space (like a supermarket, or a shopping mall) an employee or security guard may record an incident report. Sometimes a video camera may capture the fall itself. But more often than not, this doesn’t happen. And when it does happen, these incident reports are taken by employees, agents, contractors or servants of the defendant property owner. They have an inherent bias towards their employer or contractor to absolve them of liability. Those incident reports won’t favour the accident victim. They will be prepared in such a way as to favour the property owner which isn’t good news for the injured Plaintiff.

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You know what people hate? Jury duty.

Civic duty? Yes.

Sense of national pride and feeling like you’re contributing to society? Sure.

But there are likely 1001 things you’d rather be doing other than sitting on a jury. Particularly for a personal injury case.

As stated previously in the Toronto Injury Lawyer Blog; most jurors want to sit on a high profile murder or drug case. Nobody every wants to sit jury duty for a personal injury case hearing all day how a Plaintiff’s neck; back and shoulders hurt them.

Insurance companies know this.

So as a reflex, they file Jury Notices simultaneously with their Statements of Defence knowing that an angry jury; a bored jury; or a day dreaming jury is going to relent the Plaintiff and it will reflect in their decision.

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