What is the duty to mitigate?
Put simply, the duty to mitigate is the responsibility of the plaintiff or injured person to minimize related costs. The duty is assessed on the reasonableness of the plaintiff’s actions. If a court finds that a plaintiff did not reasonably try to meet this duty it may refuse to award the plaintiff further compensation.
Municipality liability has been discussed before on this blog. Specifically, previous articles spoke to the difficulty of proving a municipality to be negligent. A recent case illustrates this point in more detail.
Don’t Let it Happen to You – Safety Tips
Too many cyclists continue to be injured on Ontario’s streets. More importantly, most cycling accidents can be avoided. A careful review of past incidents by the team at Lafazanis Law has resulted in the following recommendations. If you think we are missing any feel free to let us know.
The One-Metre Rule in Ontario
What is the one-metre rule?
The one-metre rule states that drivers shall not overtake cyclists except at a distance of one metre or more. Easy to understand and follow, the rule has been adopted by numerous countries and U.S. states in a bid to promote bicycle safety. In Canada, only Nova Scotia has adopted the rule.
After the Accident
Bicycle accidents can be sudden and traumatic events. While other pressing matters will be on your mind after an accident it is important to give some attention to the following recommendations. Following these steps may positively affect the outcome of any lawsuits related to the accident.
Common Injuries and Safety Tips
The extent of injuries is not always easily apparent
It is recommended that you consult a doctor about your injuries after an accident. Many types of injuries like brain injuries or nerve damage are often not recognized by victims right away. An immediate consultation with a medical professional is useful both to successful treatment and with any potential related lawsuits.
Contact Us for a Free Consultation
Each personal injury case is unique, and requires dedication, professionalism, expertise and a personal, hands-on approach. If you have suffered injury due to the negligence of others, Tony Lafazanis will guide you through every step of the legal process, and ensure you receive the compensation to which you are entitled.
Contact Tony Lafazanis today for a free consultation, or fill out our client form.
416 979 1770
1 888 979 1770