{"id":3152,"date":"2017-11-13T15:57:39","date_gmt":"2017-11-13T15:57:39","guid":{"rendered":"http:\/\/contelawyers.ca\/?p=3152"},"modified":"2017-11-13T15:57:39","modified_gmt":"2017-11-13T15:57:39","slug":"canadian-tort-law-part-2-unintentional-torts","status":"publish","type":"post","link":"https:\/\/contelawyers.ca\/canadian-tort-law-part-2-unintentional-torts\/","title":{"rendered":"What is Tort Law? Part 2: Unintentional Torts"},"content":{"rendered":"

A Guide to Understanding Tort Law Part 2: Unintentional Tort Claims<\/h2>\n

In part 1 of our 2-part series, we told you all about intentional torts<\/a>. Now, we\u2019re going to go over what you need to know about the other type of tort claim: unintentional torts<\/strong>.<\/p>\n

Unintentional tort claims<\/strong> are the more common type of tort claim that we deal with as personal injury lawyers. That\u2019s because accidents happen, and often these accidents are caused by someone\u2019s negligence.<\/p>\n

We can\u2019t avoid accidents, but we can make sure that we\u2019re fully educated on the right steps to take when they do happen.<\/p>\n

Let us walk you through the world of unintentional tort claims<\/strong>. We\u2019ll show you everything you need to know to get the most out of your case if it happens to you.<\/p>\n

\"Gavel<\/p>\n

Recap: Tort Law in Canada<\/h3>\n

To recap from our last blog, Canadian Tort Law<\/a> is the body of law that governs personal injury claims. The purpose of tort law is to hold someone liable for the harm they cause you or your property<\/strong>, and to seek damages for your losses.<\/p>\n

Tort law is more focused on getting the victim compensation<\/strong> as opposed to punishing the defendant. In fact, a \u201ctort\u201d means \u201ca wrong\u201d in Latin.<\/p>\n

In some tort law cases, depending on the severity of their actions, the defendant will be punished according to the Criminal Code of Canada<\/strong> in a criminal law court. This happens more often in intentional tort cases, such as assault or sexual violence.<\/p>\n

A criminal case would be separate from your private law tort claim<\/a> and you would still be able to sue for compensation.<\/p>\n

\"Canadian<\/p>\n

What is an Unintentional Tort?<\/h3>\n

Unintentional torts<\/strong> are the second type of tort. This type of tort is categorized by negligence<\/strong>.<\/p>\n

When someone is careless and their actions cause you pain and suffering, they are negligent. They can then be held liable for their actions against you<\/strong>, even if it was an accident.<\/p>\n

Everyone has a responsibility in society to uphold a duty of care<\/a> to one another. The duty of care is an obligation we all have to avoid careless actions that could cause other people harm.<\/p>\n

When someone breaks that duty of care<\/strong>, and you\u2019re injured as a result, you have the right to sue them for compensation<\/a>.<\/p>\n

\"Lawsuit<\/p>\n

Examples of Unintentional Tort Claims<\/h3>\n

The majority of personal injury claims are classified as unintentional tort claims. Here are some of the most common examples of unintentional torts.<\/p>\n

Car accidents: <\/strong>The most common type of unintentional tort claim is a car accident claim. If someone\u2019s mistake causes an accident and you get hurt, you could be eligible for compensation.<\/p>\n

Slip and falls<\/strong>: These accidents can happen for a variety of reasons. You could slip and fall anywhere you go<\/a>, from the grocery store to your work.<\/p>\n

When someone does not maintain their property, and you fall and suffer an injury, they are negligent. For example, if a store owner doesn\u2019t put salt down in the winter and you slip on their walkway, they were not upholding their duty of care to their customers.<\/p>\n

Accidents at work<\/strong>: If you\u2019re hurt, it could be because your employer was negligent in maintaining the health and safety codes of the workplace.<\/p>\n

Premises liability<\/strong>: When you go to someone\u2019s home, they are responsible for preventing any safety hazards to the best of their knowledge. If you hurt yourself on their property<\/a>, and it could have been avoided, they are negligent.<\/p>\n

For example, if they are renovating their home and leave construction supplies laying around, they could be held negligent if you trip and fall.<\/p>\n

Other types of unintentional torts<\/strong> include:<\/p>\n