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Lawyer Compensated For Curb Fall

Lawyer Compensated for Injuries Following Curb Fall

An aspiring lawyer was awarded more than $330,000 by an Ottawa court after she tripped on a curb and injured her shoulder.

In November 2003, Michelle Botosh caught her foot on a curb and injured her shoulder while trying to break her fall. The sidewalk in Byward Market had been under construction, but there were no posted warnings for pedestrians to indicate any changes to the curb.

Botosh successfully sued two construction companies, and the city of Ottawa, after she convinced the judge that she was unaware of the ongoing construction. Ms. Botosh suffers from a mild form of cerebral palsy, and has limited movement on the left side of her body; these limitations have been significantly amplified by the chronic pain she now experiences due to the injuries she incurred from the fall.

Botosh Claims That Chronic Pain Ended Her Law Career

Botosh claims that, in addition to chronic pain and restrictions to her mobility, the injury has prevented her from attending law school. Ontario Superior Court judge, Barbara Warkentin, dismissed Botosh’s claim that the shoulder injury prevented her from attending law school, stating that the woman’s grades and limitations due to cerebral palsy were largely responsible for ending her dreams of becoming a lawyer.

Judge Warkentin ordered that the liability for Botosh’s injuries be split between two construction companies, and the city of Ottawa. She awarded Botosh $65,000 for general pain and suffering, $151,239 for future income loss, $75,375 for future care, $19,373 to cover out-of-pocket expenses, and $23,195 to cover past income loss.

The total payout awarded to Ms. Botosh amounted to $334,184. The sum was significantly less than the $3 million that she initially sought, but still considerably generous given the circumstances.

Residents Must Prove Disrepair Before Receiving Compensation

In most cases where municipalities are liable for personal injury, a resident must demonstrate that the city-owned property was in a state of disrepair before being eligible to receive compensation.

This burden of proof makes it difficult for plaintiffs to win cases against municipalities and even in successful cases, it is unlikely that the plaintiff will receive full compensation for their injuries.

Laura Tamblyn, a senior fellow at the Canadian Centre for Elder Law, argues that cases where someone is injured on city-property would be reduced if cities invested more money on maintaining infrastructure. According to Tamblyn, the costs of maintaining city sidewalks is significantly lower than those associated with injury-compensation.

Personal Injury Lawyers Serving Calgary, AB

Slip, trip, and fall prevention is the responsibility of all property managers and owners. If you have been injured due to someone else’s negligence, you are entitled to compensation for your pain and suffering. The personal injury lawyers at the Pipella Law office, in Calgary, are committed to defending your right to financial compensation. Call us today –we can help you on your road to recovery.