Traumatic brain injuries (TBIs) are a significant public health concern, often resulting in devastating consequences for individuals and their families. Beyond the immediate medical challenges, TBIs frequently raise complex legal issues, particularly in determining liability and securing compensation for the injured party.
This blog post delves into the legal aspects of TBIs in Alberta, exploring the circumstances under which liability may be established and the relevant legal principles that govern such cases.
Understanding Traumatic Brain Injuries
A TBI is defined as damage to the brain caused by an external force. The severity of a TBI can range from mild, such as a concussion, to severe, resulting in prolonged unconsciousness, cognitive impairment, and physical disabilities. The impact of a TBI can be far-reaching, affecting an individual’s ability to work, maintain relationships, and perform daily activities.
TBIs can result from various incidents, including:
Establishing Liability in TBI Cases
In Alberta, establishing liability in a TBI case typically involves demonstrating negligence on the part of another party. Negligence is a legal concept that requires proving the following elements:
- Duty of care: The defendant owed a duty of care to the injured party.
- Breach of duty: The defendant breached their duty of care by failing to meet the required standard of care.
- Causation: The defendant’s breach of duty directly caused the TBI.
- Damages: The injured party suffered damages as a result of the TBI.
Relevant Alberta Law
Several pieces of legislation and legal principles in Alberta are relevant to TBI cases:
- Occupiers’ Liability Act: This Act governs the duties of care owed by occupiers of premises to visitors.
- Traffic Safety Act: This Act sets out the rules of the road in Alberta and imposes duties on drivers to operate their vehicles safely.
- Workers’ Compensation Act: This Act provides a no-fault insurance system for workers who are injured on the job.
- Contributory Negligence: Contributory negligence applies when the injured party’s negligence contributed to their injuries.
Situations in which Traumatic Brain Injuries May Occur
The circumstances surrounding a TBI are crucial in determining liability. While the general principles of negligence apply across various situations, specific contexts present unique considerations.
Motor Vehicle Accidents
Motor vehicle accidents represent a significant proportion of TBI cases. Establishing liability often hinges on demonstrating a breach of the Traffic Safety Act or negligence at common law. For instance, a driver who exceeds the posted speed limit violates the Traffic Safety Act. If this speeding directly contributes to a collision that results in a TBI, that driver may be held contributorily liable.
Similarly, driving under the influence of alcohol or drugs severely impairs judgment and reaction time, significantly increasing the risk of accidents. Distracted driving has become pervasive, encompassing activities like texting, using a cell phone, or adjusting the radio while driving. These distractions divert attention from the road, making it more likely for drivers to miss critical cues and cause accidents that result in TBIs. Failing to obey traffic signals is another clear breach of the Traffic Safety Act and can lead to collisions and head injuries.
Finally, even without a specific traffic violation, driving carelessly or recklessly, such as tailgating, weaving through traffic, or failing to adapt to changing road conditions, can constitute negligence if it results in a TBI. In these cases, detailed accident reconstruction and witness testimony are often crucial in establishing the sequence of events and determining fault.
Workplace Accidents
Workplace accidents present a unique set of considerations due to the employer’s legal obligations to provide a safe working environment. Employers have a multifaceted duty of care beyond simply providing safety equipment. Implementing comprehensive safety protocols and procedures is essential. This involves developing clear guidelines for various tasks, conducting regular safety inspections, and ensuring all employees know and adhere to these protocols.
Adequate training and supervision are equally important. Employees must be properly trained to operate machinery, use safety equipment, and perform their tasks safely. Ongoing supervision is necessary to ensure these practices are followed and address potential hazards.
Ensuring that equipment is properly maintained and used correctly is another crucial aspect of workplace safety. Defective or poorly maintained equipment can significantly increase the risk of accidents, including those leading to TBIs. Taking proactive steps to prevent falls and other common workplace hazards is vital. This can involve installing guardrails, providing fall protection equipment, maintaining clear walkways, and addressing slippery surfaces. Occupational Health and Safety (OHS) often conducts investigations when a TBI occurs in a workplace setting to determine if any safety violations contributed to the injury.
Sports and Recreational Activities
While a certain level of risk is inherent in sports and recreational activities, organizers, coaches, and participants are still responsible for minimizing the risk of injury, including TBIs. Enforcing rules and regulations is paramount. Clear rules and regulations are designed to protect participants and prevent dangerous situations.
Another key factor is providing proper equipment and training. Participants should be provided with appropriate safety gear and trained to use the equipment correctly. Ensuring that facilities are safe is also essential. This involves maintaining playing surfaces, ensuring that equipment is in good condition, and addressing potential environmental hazards.
Finally, it is crucial to take appropriate steps to address hazardous conditions, such as weather or dangerous terrain. In cases where a TBI occurs during a sporting or recreational activity, the circumstances surrounding the injury are carefully examined to determine if negligence played a role. For instance, if a coach allows players with a known concussion to return to play too soon, they could be liable for subsequent injuries.
Occupiers’ Liability
Occupiers of premises have a duty of care to ensure the reasonable safety of those who enter their property. Maintaining the property in good condition is a fundamental aspect of this duty. This includes regular inspections and prompt repairs to address any potential hazards.
Addressing known hazards is equally important. If an occupier is aware of a dangerous condition on their property, they must take reasonable steps to mitigate the risk. Providing adequate lighting is another key consideration, particularly in areas with limited visibility.
Preventing slip and fall accidents is particularly important, especially during winter. This includes clearing snow and ice from walkways, using de-icing agents, and providing adequate drainage. In cases where a TBI occurs on someone’s property, the focus is on whether the occupier took reasonable steps to prevent the injury.
The Importance of Legal Representation
TBI cases can be complex and require a thorough understanding of medical and legal issues. It is crucial for individuals who have suffered a TBI due to the negligence of another party to seek legal representation from an experienced personal injury lawyer. A personal injury lawyer can:
- Investigate the circumstances of the injury
- Gather evidence to establish liability
- Consult with medical experts to assess the extent of the injury and its long-term impact
- Negotiate with insurance companies
- Represent the injured party in court, if necessary
Experienced Alberta Personal Injury Lawyers Advising on Traumatic Brain Injuries
Traumatic brain injuries have devastating consequences. In Alberta, individuals who have suffered a TBI due to the negligence of another party may be entitled to compensation for their losses. Establishing liability requires a careful analysis of the circumstances and a thorough understanding of the relevant legal principles. At Cuming & Gillespie LLP in Calgary, our experienced personal injury lawyers can help you protect your rights and secure the compensation you deserve. If you or a loved one has suffered a traumatic brain injury due to someone else’s negligence, contact us at 403-571-0555 or online to set up a consultation.