• FAIR – supporting auto accident victims through advocacy and education
  • FAIR – supporting auto accident victims through advocacy and education
  • FAIR – supporting auto accident victims through advocacy and education

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Cyclist sustains Brain Injury and is awarded Damages against Municipality

Labanowicz v Fort Erie (Town) (2017) is a civil suit involving a plaintiff who fell while cycling and sustained a life-altering brain injury, after coming into contact with an unmarked obstacle in the middle of a paved municipal trail.  Pursuant to the Occupiers’ Liability Act, the plaintiff’s claim alleged that the municipality was negligent in causing the unsafe condition, by failing to mark or warn cyclists of a housing on the trail that could cause injury if struck by an unsuspecting cyclist.  The judge in this case found in favour of the plaintiff, as the empty housings on the trail were a known hazard and there were recommendations previously made to Town Council to mark these obstacles.

https://www.ilolaw.ca/blogpost/cyclist-sustains-brain-injury-and-is-awarded-damages-against-municipality

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