Legal Question in Personal Injury in Canada

sprained ankle and torn cartilidge in knee

I cut through my neighbours unfenced yard 5 weeks ago and hit a hole they had dug twisting my ankle and knee. I was just told I have a tear in my cartilidge in my knee and am on a waiting list. Do I have the right to sue. The neighbour behind me also fell in a hole in the same yard earlier that night. The holes were unmarked. Thanks in Advance.


Asked on 7/19/08, 2:40 pm

1 Answer from Attorneys

Tiziana Parente Gluckstein & Associates LLP

Re: sprained ankle and torn cartilidge in knee

The answer to your question as to whether you have a right to sue depends on a number of factors.

First of all, you would hope that the homeowner has insurance on his home.

Secondly, you have not provided me with any facts surrounding your incident.

Whether you are successful in a lawsuit will depend on a number of variables. Before advising as to whether you should sue, I would want to know things like:

a) time of day

b) alcohol a factor

c) why were you cutting through their yard

d) did you have permission to cut through their yard (ie. Were you trespassing)

e) what were you doing on his yard

f) was the homeowner with you

g) if someone else fell earlier, would you not have known about the hole?

The answers to these questions will help guide me in my opinion on your potential case. You can always sue him, but that doesn't mean you would succeed.

If the answers to questions C D E are unfavourable, then I think you will have a tough time.

Good luck.

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Answered on 7/21/08, 12:47 pm


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