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The Impact of Pre-existing Conditions on Injury Claims: How pre-existing medical conditions can affect the outcome of personal injury claims.

The Impact of Pre-existing Conditions on Injury Claims

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In Canada, navigating personal injury claims can become significantly more complex when the claimant has pre-existing medical conditions. Understanding the impact of these conditions on injury claims is crucial for both legal professionals and claimants to ensure fair compensation and legal representation. This blog post delves into how pre-existing conditions can affect the outcome of personal injury claims in Canada, highlighting the challenges and considerations involved.

The Legal Framework

Canadian personal injury law operates under the principle that individuals should be compensated to the extent that they are worse off due to the negligence of another party. However, when claimants have pre-existing conditions, insurers and courts must decipher to what extent the claimed injuries are attributable to the incident in question versus the pre-existing condition. This determination is critical in deciding the amount of compensation awarded.

Disclosure of Pre-existing Conditions

Full disclosure of pre-existing medical conditions is a pivotal part of the claims process. Claimants are encouraged to be transparent about their medical history, as failing to disclose these conditions can lead to accusations of fraud or misrepresentation, potentially jeopardizing the claim. A thorough disclosure allows legal professionals to accurately assess the impact of the accident on the claimant’s health and argue for appropriate compensation.

The “Thin Skull” Principle

A cornerstone of Canadian personal injury law is the “thin skull” rule, which posits that defendants must take their victims as they find them. If a claimant has a pre-existing condition that makes them more susceptible to injury, the defendant is still liable for the full extent of the injury caused by their negligence. This principle ensures that individuals with pre-existing conditions are not discriminated against in the legal process.

Challenges in Proving Aggravation

One of the main challenges in injury claims involving pre-existing conditions is proving that the incident aggravated the condition. Medical expert testimony often becomes essential in these cases. Healthcare professionals may need to differentiate between the symptoms and limitations caused by the pre-existing condition and those resulting from the accident. This can involve detailed medical examinations, reviews of the claimant’s medical history, and sometimes, expert witnesses in court.

Mitigating Factors

Insurance companies may attempt to minimize compensation by arguing that the injuries claimed are primarily related to pre-existing conditions rather than the incident itself. In these situations, claimants and their legal representatives must provide compelling evidence that the accident exacerbated the condition or caused additional injuries. Documentation, such as medical records and expert opinions, plays a crucial role in substantiating these claims.

Pre-existing medical conditions significantly influence the outcome of personal injury claims in Canada. The interplay between legal principles, such as the “thin skull” rule, and the practical challenges of proving aggravation of these conditions underscores the complexity of these cases. For claimants, the key to navigating these complexities lies in transparency, comprehensive medical documentation, and the support of skilled legal professionals. By understanding the impact of pre-existing conditions on injury claims, individuals can better advocate for their rights and secure the compensation they deserve. 

Contact our local Cambridge legal team today to discuss your unique case and gain insight into next steps you can take.

Wrongful Death vs. Criminal Charges in Canada

Wrongful Death vs. Criminal Charges in Canada

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When a tragic loss occurs, the pursuit of justice becomes a paramount consideration for grieving families. In Canada, understanding the legal distinctions between wrongful death claims and criminal charges is crucial. This blog post aims to shed light on the nuanced differences between these legal processes, offering guidance to families navigating the complexities of seeking accountability for the untimely death of a loved one.

Wrongful Death Claims: Civil Pursuit of Accountability

Wrongful death claims in Canada fall under the umbrella of civil law. These claims are typically initiated by the surviving family members or the estate of the deceased, seeking compensation for the losses incurred as a result of the death. Wrongful death claims are focused on establishing negligence or a breach of duty that directly contributed to the fatal incident.

1. Legal Basis and Burden of Proof:

Wrongful death claims require the plaintiff (the party filing the claim) to prove, on a balance of probabilities, that the defendant’s actions or negligence caused the death. Unlike criminal cases, the burden of proof is less stringent, making it somewhat easier for families to pursue justice through a civil lawsuit.

2. Compensation and Damages:

The primary aim of a wrongful death claim is to seek financial compensation for the losses suffered by the surviving family members. This can include compensation for funeral expenses, loss of financial support, and the emotional trauma experienced by the family.

3. Defendant’s Liability:

In a wrongful death claim, the defendant may be an individual, a company, or an entity deemed responsible for the death. Liability is determined based on the alleged negligence or wrongful actions that led to the fatal incident.

Criminal Charges:

Criminal charges, on the other hand, are initiated against an individual accused of committing a criminal offence. The primary purpose of criminal charges is to punish wrongdoing and maintain societal order. In the context of a death, criminal charges may arise in cases of manslaughter, criminal negligence causing death, or homicide.

1. Legal Basis and Burden of Proof:

Criminal charges require the prosecution to prove the accused’s guilt beyond a reasonable doubt—a much higher burden of proof compared to wrongful death claims. The state must establish that the accused committed the alleged offense with the requisite criminal intent.

2. Punishment and Penalties:

If found guilty in a criminal trial, the accused may face penalties such as imprisonment, fines, or probation. The primary focus of criminal charges is punishment rather than compensating the victim’s family for their losses.

Navigating the Dual Process: Coexistence and Independence

Importantly, wrongful death claims and criminal charges can coexist independently. A defendant may face both a civil wrongful death claim and criminal charges simultaneously. The outcomes of one legal process do not dictate the results of the other, and the burden of proof, standards, and objectives remain distinct.

Understanding the legal distinctions between wrongful death claims and criminal charges is pivotal for families seeking justice after a tragic loss in Canada. While a criminal trial may hold an individual accountable for their actions through punishment, a wrongful death claim provides a parallel avenue for the family to seek financial compensation for their profound losses. Navigating these legal processes requires strategic legal counsel, empathy, and a commitment to honoring the memory of the departed by pursuing justice in all its forms.

Our team at Hilborn and Konduros can help navigate this challenging time and get your family the compensation you deserve. Reach out to us today.

Common Mistakes to Avoid in Personal Injury Claims

Common Mistakes to Avoid in Personal Injury Claims

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When pursuing a personal injury claim, it’s important to navigate the legal process carefully to maximize your chances of success. However, many individuals make common mistakes that can potentially weaken their case or result in the loss of rightful compensation. In this blog post, we will discuss some of the most common mistakes to avoid in personal injury claims. By being aware of these pitfalls, you can take proactive steps to protect your rights and enhance the outcome of your claim.

1. Failing to Seek Medical Attention:

One of the most critical mistakes is neglecting to seek immediate medical attention after an accident or injury. It is crucial to prioritize your health and well-being by receiving proper medical care. Prompt medical documentation not only ensures your well-being but also establishes a link between the accident and your injuries, strengthening your claim.

2. Not Gathering Sufficient Evidence:

Insufficient evidence can weaken your personal injury claim significantly. Failing to document the accident scene, gather witness statements, take photographs, or obtain copies of medical records and bills can hinder the strength of your case. It is crucial to collect as much evidence as possible to support your claim and demonstrate the liability of the responsible party.

3. Delaying the Reporting of the Incident:

Reporting the incident promptly is vital in personal injury claims. Delaying the reporting of the accident to the appropriate parties, such as law enforcement, insurance companies, or property owners, may lead to skepticism about the severity of your injuries or cause complications with the claim process. Report the incident as soon as possible and ensure all necessary paperwork is completed promptly.

4. Providing Recorded Statements Without Legal Advice:

Insurance companies often request recorded statements from accident victims. However, providing statements without consulting a personal injury lawyer can be risky. Insurance adjusters may attempt to use your words against you or twist your statements to minimize their liability. It is advisable to seek legal advice before providing any recorded statements to protect your rights.

5. Settling Too Quickly:

The desire for a quick resolution may lead some individuals to accept premature settlement offers from insurance companies. Settling too quickly can result in inadequate compensation that fails to cover your long-term medical expenses or future damages. Consulting with a personal injury lawyer ensures that you fully understand the value of your claim and negotiate for fair and just compensation.

6. Posting on Social Media:

Be cautious about your social media activity during a personal injury claim. Insurance companies and defense lawyers often scour social media platforms for evidence that can be used against you. Avoid posting about the accident, your injuries, or engaging in activities that could undermine your claim. Adjust your privacy settings and be mindful of what you share online.

7. Not Seeking Legal Representation:

Attempting to handle a personal injury claim without legal representation can be a significant mistake. Personal injury lawyers have the knowledge and experience to navigate the complexities of the legal system, negotiate with insurance companies, and advocate for your rights. They understand the tactics used by insurance companies to minimize settlements and can maximize your chances of obtaining fair compensation.

Avoiding common mistakes is crucial when pursuing a personal injury claim. By seeking immediate medical attention, gathering sufficient evidence, reporting the incident promptly, seeking legal advice, and avoiding premature settlements or detrimental social media activity, you can strengthen your claim and protect your rights. Remember, consulting with a personal injury lawyer is essential to ensure that you receive the compensation you deserve — at Hilborn and Konduros, our lawyers can help you navigate the claim process effectively. 

Types of Personal Injury Cases: Exploring the Common Practice Areas

Types of Personal Injury Cases: Exploring the Common Practice Areas

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Personal injury cases encompass a wide range of legal disputes arising from accidents, injuries, and wrongful actions that result in harm to individuals. Understanding the different types of personal injury cases can help you navigate the legal landscape more effectively. In this blog post, we will explore some common practice areas within personal injury law, providing insights into the various types of cases that personal injury lawyers handle.

1. Motor Vehicle Accidents:

Motor vehicle accidents, including car, truck, motorcycle, and pedestrian accidents, are among the most common types of personal injury cases. These cases involve injuries resulting from the negligence or reckless behavior of drivers, such as speeding, distracted driving, or drunk driving. Personal injury lawyers help victims seek compensation for medical expenses, property damage, lost wages, and pain and suffering.

2. Slip and Fall Injuries:

Slip and fall cases fall under premises liability, where individuals sustain injuries on someone else’s property due to hazardous conditions. Examples include slippery floors, uneven surfaces, inadequate lighting, or broken handrails. Personal injury lawyers evaluate the property owner’s negligence and work to secure compensation for injuries, rehabilitation, and other damages.

3. Medical Malpractice:

Medical malpractice cases arise when healthcare professionals fail to meet the accepted standard of care, resulting in harm to patients. These cases can involve surgical errors, misdiagnosis, medication mistakes, birth injuries, or hospital negligence. Personal injury lawyers with expertise in medical malpractice navigate complex medical and legal systems to hold responsible parties accountable and obtain compensation for victims.

4. Product Liability:

Product liability cases involve injuries caused by defective or dangerous products. Personal injury lawyers represent individuals harmed by defective consumer goods, medications, medical devices, or machinery. They investigate product defects, establish liability, and pursue claims against manufacturers, distributors, or retailers to ensure victims receive compensation for their injuries and losses.

5. Workplace Accidents:

Workplace accidents can lead to severe injuries or occupational illnesses. Personal injury lawyers handle cases involving construction accidents, industrial accidents, toxic exposure, or repetitive strain injuries. They assess liability, pursue workers’ compensation claims, or file lawsuits against negligent third parties to help injured workers obtain rightful compensation.

6. Wrongful Death:

Wrongful death cases arise when an individual’s death results from someone else’s negligence, intentional harm, or misconduct. Personal injury lawyers represent surviving family members and seek compensation for funeral expenses, lost financial support, emotional distress, and the loss of companionship. Wrongful death cases can stem from various incidents, including car accidents, medical malpractice, or workplace accidents.

Personal injury law encompasses a broad range of practice areas, each with its own unique challenges and considerations. Whether it’s motor vehicle accidents, slip and fall injuries, medical malpractice, product liability, workplace accidents, or wrongful death, personal injury lawyers play a crucial role in advocating for the rights of injured individuals and their families.

If you have been injured due to someone else’s negligence, it’s important to consult with a skilled personal injury lawyer who specializes in the relevant practice area. We can provide guidance, navigate the legal process, and fight for the compensation you deserve. By understanding the different types of personal injury cases, you are better equipped to seek legal recourse and protect your rights in the pursuit of justice. Give our team a call today if you are in need of guidance for your case.

Philips Canada Recalls CPAP Machines

Philips Canada Recalls CPAP Machines

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In August 2021, Philips Canada, the manufacturer of various CPAP and BiPAP machines issues a recall, stating that the noise-reducing foam used in various models may degrade and potentially enter the air pathway of the device. Once in the air pathway, the particles may be inhaled by the user. 

CPAP and BiPAP Foam Could Contain Carcinogens

The company has announced that while they have not received any notice of death relating to the foam degradation, it has received notices of possible patient impact. 

The listed possible risks of particle exposure include headache, irritation, inflammation, respiratory issues, and possible toxic and carcinogenic effects. In response, nationwide class action lawsuits have been filed against the company, stating that it knowingly manufactured and sold a defective product. 

Here is a full list of the products listed in the recall: 

  1. REMSTAR AUTO WITH SD CARD, A-FLEX, CANADA
  2. REMSTAR AUTO WITH HUMIDIFIER, WITH SD CARD, A-FLEX, CANADA
  3. RESTAR PLUS WITH SD CARD, C-FLEX, CANADA
  4. RESTAR PLUS WITH HUMIDIFIER, WITH SD CARD, C-FLEX, CANADA
  5. RESTAR PRO WITH SD CARD, C-FLEX +, CANADA
  6. RESTAR PRO WITH HUMIDIFIER, WITH SD CARD, C-FLEX +, CANADA
  7. BIPAP AUTO BI-FLEX, WITH HUMIIFIER, WITH SMARTCARD, CANADA
  8. BIPAP AUTO BI-FLEX, WITH SMARTCARD, CANADA
  9. BIPAP PRO BI-FLEX, WITH HUMIDIFIER, WITH SMARTCARD, CANADA
  10. BIPAP PRO BI-FLEX, WITH SMARTCARD, CANADA
  11. RESTART, WITH HUMIDIFIER, WITH SMARTCARD, CANADA
  12. RESTAR, WITH SMARTCARD, CANADA
  13. BIPAP AVAPS, C SERIES VENTILATORY SUPPORT SYSTEM-DOMESTIC
  14. BIPAP AVAPS, C SERIES VENTILAROTY SUPPORT SYSTEM-CORE PKG, DOMESTIC
  15. BIPAP ST, C SERIES VENTILATORY SUPPORT SYSTEM-CANADA
  16. BIPAP ST, C SERIES VENTILATORY SUPPORT SYSTEM-CORE PKG,DOMESTIC
  17. BIPAP ST, C SERIES VENTILATORY SUPPORT SYSTEM, CORE PKG, CANADA
  18. OMNILAB ADVANCED, DOMESTIC
  19. OMNILAB ADVANCED, DOMESTIC CORE
  20. BIPAP AUTOSV ADVANCED SYSTEM ONE
  21. DREAMSTATION CPAP
  22. DREAMSTATION AUTO BIPAP
  23. DREAMSTATIN BIPAP PRO
  24. DREAMSTATION CPAP PRO
  25. DREAMSTATION AUTO CPAP
  26. DREAMSTATION BIPAP AUTOSV, CA
  27. DREAMSTATION BIPAP AUTOSV, W/HUMIDIFIER, CA
  28. DREAMSTATION BIPAP AUTO SV W/HUMID/HEATED TUBE, CA
  29. BIPAP AVAPS VENTILATORY SUPPORT SYSTEM-CANADA
  30. BIPAP AVAPS VENTILATORY SUPPORT SYSTEM-CORE PKG, CANADA
  31. DREAMSTATION GO CPAP
  32. DREAMSTATION GO AUTO CPAP
  33. DREAMSTATION EXPERT
  34. DREAMSTATION GO CPAP WITH HUMIDIFIER, CANADA
  35. DREAMSTATION GO AUTO CPAP WITH HUMIDIFIER, CANADA

Facts About Defective Products Lawsuits 

When a product is produced and sold to the public, the designer and manufacturer of that product are responsible for ensuring that the product won’t cause harm when it is used as intended. Sadly, many products are not properly tested or safety test results are overlooked in favor of profits. 

When an individual is harmed by a defective product they have the legal right to seek compensation for their losses. This is accomplished by filing a defective product lawsuit, a type of personal injury lawsuit. The class action lawsuit filed against Philips Canada is just one example of this type of legal action. 

Contact a Personal Injury Attorney in Ontario 

If you believe that you or a loved one have been harmed by a defective product, the attorneys at Hilborn and Konduros can help. Contact us for a no-cost consultation or call us at (519) 658-6341

Wrongful Death Lawsuits Following a Car Accident

Wrongful Death Lawsuits Following a Car Accident

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According to the Ontario Provincial Police, aggressive driving and speeding resulted in a ten-year high in road fatalities in 2021. A total of 315 people lost their lives in an auto accident. 

Fatal Car Crashes and Wrongful Death Lawsuits 

Losing a loved one is never easy. When that loss comes unexpectedly, the devastation it can cause isn’t just mental and emotional. Unexpected deaths can wreak havoc on the surviving families who are left behind. 

While nothing can take away the pain of losing a family member, a lawsuit can be filed against the party responsible for the fatal crash to recover compensation that will ease any financial burdens. This lawsuit is called a wrongful death lawsuit. 

Who Can File a Wrongful Death Lawsuit? 

In Ontario, the spouses, children, parents, grandparents, and siblings of the deceased may be able to file a wrongful death lawsuit. 

Financial Support Through Compensation 

When someone dies, it’s not just their presence that will be missed. Oftentimes, the victim was a financially contributing member of a household. 

Compensation that is sought in a wrongful death lawsuit is based on several factors, including the financial contribution made by the victim, the loss of guidance, care, and companionship, and actual expenses. 

Actual expenses include things like any medical treatments that were administered to the victim between the time of the accident and the time of death and funeral and burial expenses. 

Call an Experienced Attorney 

At Hilborn and Konduros, our experienced team of Cambridge ON car accident attorneys can help. We understand how difficult this time is and approach the legal process with compassion for your loss. To learn more, contact us for a no-cost consultation or call us at (519) 658-6341.

Navigating the Legal Process for Employee Injuries at Work in Ontario

Navigating the Legal Process for Employee Injuries at Work in Ontario

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If you have been injured at work in Ontario, Canada, you may be wondering what steps you need to take to protect your rights and seek compensation for your injuries. In Ontario, employees who are injured on the job are generally entitled to workers’ compensation benefits, which can cover the costs of medical treatment and lost income. In some cases, however, it may be necessary to file a lawsuit to seek additional compensation for your injuries.

Here are some key things to know about employee injuries at work lawsuits in Ontario:

  1. Workers’ compensation benefits: In Ontario, employees who are injured on the job are generally entitled to workers’ compensation benefits, regardless of who was at fault for the accident. These benefits can cover the costs of medical treatment, rehabilitation, and lost income. To receive workers’ compensation benefits, you will need to report your injury to your employer and file a claim with the Workplace Safety and Insurance Board (WSIB).

  2. Filing a lawsuit for additional compensation: In some cases, the workers’ compensation benefits you receive may not be sufficient to cover the full extent of your injuries and losses. If your injuries are severe or if you have suffered a permanent disability, you may be able to file a lawsuit against your employer or a third party to seek additional compensation.

  3. The role of an employment lawyer: If you are considering filing a lawsuit for employee injuries at work, it is a good idea to speak with an employment lawyer. A lawyer can help you understand your rights and options, gather evidence, and build a strong case on your behalf. They can also assist you in negotiating a settlement or representing you in court.

    If you have been injured at work in Ontario, it is important to seek legal advice to understand your rights and options. A personal injury lawyer can help you navigate the legal process and ensure that you get the compensation you deserve for your injuries and losses. Don’t let your employer or a third party get away with causing your injuries – stand up for yourself and seek the justice you deserve.

  4. Proving liability: To succeed in a lawsuit for employee injuries at work, you will need to prove that your injuries were caused by the negligence or wrongdoing of your employer or a third party. This may involve gathering evidence such as witness statements, accident reports, and medical records.

  5. Time limits for filing a lawsuit: It is important to act quickly if you are considering filing a lawsuit for employee injuries at work. In Ontario, you generally have two years from the date of the accident to file a personal injury lawsuit. If you do not file your lawsuit within this time frame, you may be barred from seeking compensation for your injuries.

Time is of the essence, if you have been injured at work, get in touch with our team right away to have the best chance at getting compensated for your injuries.

The Top Causes Of Personal Injury Accidents In Autumn

The Top Causes Of Personal Injury Accidents In Autumn

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Autumn has arrived and with it, a change in weather. While many find this change refreshing and love what the season brings, the reality is that new environmental hazards come into play. 

New Hazards Arrive With the Change of Seasons

During autumn, two types of personal injury accidents are likely to occur. 

Slip and Fall Accidents

It’s essential for property owners and managers to ensure that every area is safe and hazard-free during the fall when weather changes increase: 

  • Standing Water
  • Mud
  • Fallen Leaves
  • Fallen Branches
  • Snow

Storms can also cause damage to structures like steps and sidewalks, creating unsafe walking conditions. 

Car Accidents 

Car accidents are more likely to occur for the same reasons listed above. Even safe drivers can lose control when tires hit a wet patch of leaves or ice. 

The change in seasons also results in shorter days. The loss of light earlier in the day can not only impact driving conditions but can also impact a person’s sleep cycle. Fatigued driving can be just as dangerous as drunk driving, as sleeping drivers completely lose control over their vehicle. 

What to Do if You Are Injured This Autumn

If you or a loved one are seriously injured in an accident this autumn you could be eligible for a personal injury lawsuit. The compensation obtained through a lawsuit could pay for medical bills, lost earnings, physical pain and suffering, and more. 

Protect yourself and the evidence by taking the following steps after an accident: 

  • Seek immediate medical care. 
  • Take photographs if possible of the scene of the accident and the resulting injuries. 
  • Collect witness contact information.
  • Begin collecting medical records. 

Contact an Experienced Personal Injury Attorney

At Hilborn and Konduros, our experienced team of Cambridge ON personal injury attorneys can help. Contact us for a no-cost consultation at (519) 658-6341. 

Who Is Eligible To File A Wrongful Death Claim

Who Is Eligible to File a Wrongful Death Claim?

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There’s nothing more painful than the sudden loss of a loved one who was taken too soon. In Ontario, the Family Law Act makes it possible for the surviving loved ones of a victim to take legal action against those responsible. 

Who Can File a Wrongful Death Lawsuit? 

The Family Law Act states the following family members can seek damages: 

  • Spouse 
  • Children
  • Parents
  • Siblings
  • Grandparents
  • Grandchildren

Under this Act, common-law spouses are eligible.

Reasons to File a Wrongful Death Lawsuit

The emotional toll that comes with losing a family member isn’t the only loss experienced. When an accident claims a victim’s life, the surviving family also suffers financially. The purpose of a wrongful death claim is to obtain the compensation that will help to pay for: 

  • Loss Of Income
  • Loss Of Companionship
  • Medical Expenses 
  • Funeral Expenses

Without the appropriate compensation, a family can end up in debt in addition to the emotional trauma they have already been forced to endure. 

What Qualifies as Wrongful Death? 

When an accident occurs and someone is killed by the negligent actions of another, the right to file a wrongful death claim exists. Common causes of wrongful death include: 

  • Auto Accidents 
  • Medical Malpractice
  • Bicycle Accidents
  • Work Accidents
  • Criminal Acts

Contact an Experienced Wrongful Death Attorney in Ontario 

Our team of wrongful death attorneys understands how painful and stressful this time is. We can help guide you through this process step by step, fighting for justice and the compensation you deserve. Contact us for a no-cost consultation at (519) 658-6341.

Steps To Take After A Pool Accident

Steps To Take After A Pool Accident

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As the weather continues to get warmer more home and business owners will take steps to open their pools for the season. While the majority of visitors will safely enjoy all that a pool has to offer, others will sustain serious injuries. 

Pool Accidents & Injuries 

The most common type of pool accident is slip and fall accidents. These accidents are caused by wet surfaces and foreign objects like hoses, pool accessories, and outdoor furniture. 

Slip and fall accidents can result in serious injuries, such as: 

  • Brain Injuries 
  • Spinal Injuries
  • Broken Bones

These injuries can not only be expensive to treat but are frequently life altering. 

Pool Owners Have A Duty To Protect 

It doesn’t matter if a pool is owned by an individual homeowner or a business, pool owners must take steps to keep the pool area safe. In Ontario, the first step that every pool owner must take to increase pool safety is the installation of a fence. 

If pool owners fail to take reasonable steps to create a safe environment, they can be held legally liable for any injuries that occur as a result. 

Pool Accident Lawsuits 

If you’ve been injured in a pool accident you may be feeling alone and unsure of your legal rights. At Hilborn and Konduros, our experienced team of Cambridge ON pool accident attorneys can help. Contact us for a no-cost consultation or call us at (519) 658-6341.

You have the right to fight for compensation for your injuries. Don’t hesitate – call today. 

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