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-   -   OT: Almost decapitated at public garage - Need Legal advice (http://hfboards.hockeysfuture.com/showthread.php?t=1450747)

Oleg Petrov 06-20-2013 09:36 PM

Almost decapitated at public garage - Need Legal advice
 
OK, I ride my bike to Place Montreal Trust every day and park in the building. They offer this service for free for users of the building.

Today when leaving I came up the ramp, the arm lifted and the garage door was open. As I drove through the garage the door started descending and hit me in the forehead. I collapsed and bled all over the garage. Fortunately a driver was behind me and called an ambulance.

Now, I have 18 stitches across the head a mild concussion and serious dental work to be done. An inch to the right or left and I could have been completely decapitated.

I am wondering what grounds if any I have to sue for damages.

Here are the facts:

1) The service is offered free of charge

2) I was not wearing a helmet

3) The building forces us to use the entrance with the cars as it does not allow bikes in the lobby.

4) On past occasions I have used the entrance and the sensor for the garage door sensed my presence and opened. I had no reason to think it would start closing.

Any lawyers out there that could help me? At the very least take my story as a warning about this specific garage.

True Tick and Tin 06-20-2013 09:45 PM

sucks buddy :( hope you make a full recovery, just like our boy Eller

68* 06-20-2013 09:47 PM

Not sure but I think poster waffledave is a lawyer.

Oleg Petrov 06-20-2013 09:48 PM

Quote:

Originally Posted by 68 (Post 67763381)
Not sure but I think poster waffledave is a lawyer.

Thanks - I'll reach out.

Lshap 06-20-2013 10:05 PM

I sent you a PM with some details. One of the advantages of being one of the 'older' guys here is all the quality business contacts I've accumulated.

One Less Louise 06-20-2013 10:06 PM

Better call Saul...

And no I have nothing useful to contribute sorry.

Oleg Petrov 06-20-2013 10:12 PM

Quote:

Originally Posted by E = CH² (Post 67764077)
Better call Saul...

And no I have nothing useful to contribute sorry.

Breaking Bad references are very much welcomed.

Lshap 06-20-2013 10:25 PM

Quote:

Originally Posted by Oleg Petrov (Post 67764257)
Breaking Bad references are very much welcomed.

Zero-minus two months! Whatta show!

Hugo Sham 06-20-2013 11:21 PM

sorry to hear it dude. I'm not a lawyer but have had some experience with lawsuits in Quebec - for various reasons. it's very difficult to sue for negligence or personal injury here.

- not wearing a helmet / service is free / sensor for cars / and the bike issue - is there a rack offered in front of the building?

You might be able to recover medical costs or time for missed work. maybe. again very difficult to prove negligence in Quebec - and do you have the funds to hire a lawyer?

hope you're ok

LeafOfBread 06-20-2013 11:23 PM

There's a couple of people on HF you could message. wetcoaster and Rizer come to mind

MasterD 06-21-2013 12:02 AM

I think you could probably call a lawyer... would be more efficient than ask here.

On the other hand, I personally think you could first try this the nice way; write a letter to whatever corporation owns the building. Explain your story, nicely, and ask them for whatever you want (improvement to the system to prevent other accidents, coverage for your medical fees, etc). See what their answer is.

I don't necessarly see the point of going lawsuit all at once. It's not like one of their employees beat you up or their building fell on you because it wasn't properly maintained; it's just that whatever system they use for that arm malfunctioned and/or isn't well suited for bike use... they might play it cool and agree to your demands.

On another (3rd?) hand, have you considered that they might stop this service if you send them a lawsuit or anything? Do you think it's worth it to risk not having this benefit anymore to compensate for you not being careful and not wearing your helmet + not waiting your turn for the system to "see" you? Your call.

DekeLikeYouMeanIt 06-21-2013 12:15 AM

Unfortunately I don't think you have grounds to gain anything from this. Pure accident and the fact that you weren't wearing your mandatory helmet is working against you.

The most I think you could do is create a lot of noise that they change the way bikers are entered/exited out of that garage. Separate ramp, exit, etc.

It's fortunate that you weren't permanently injured. All the best to your recovery.

Lafleurs Guy 06-21-2013 12:27 AM

I'll represent you. They won't know what hit 'em.

Et le But 06-21-2013 09:28 AM

Quote:

Originally Posted by DekeLikeYouMeanIt (Post 67768307)
Unfortunately I don't think you have grounds to gain anything from this. Pure accident and the fact that you weren't wearing your mandatory helmet is working against you.

The most I think you could do is create a lot of noise that they change the way bikers are entered/exited out of that garage. Separate ramp, exit, etc.

It's fortunate that you weren't permanently injured. All the best to your recovery.

If there was some sort of employee in the garage who was supposed to supervise it or if there was a foreseeable defect there could still be potential negligence or products liability action. I'm not an expert on Quebec tort law though.

You probably don't have much of a case but definitely speak to a lawyer about this.

Mike The Wall 06-21-2013 09:31 AM

Quote:

Originally Posted by Oleg Petrov (Post 67763067)
OK, I ride my bike to Place Montreal Trust every day and park in the building. They offer this service for free for users of the building.

Today when leaving I came up the ramp, the arm lifted and the garage door was open. As I drove through the garage the door started descending and hit me in the forehead. I collapsed and bled all over the garage. Fortunately a driver was behind me and called an ambulance.

Now, I have 18 stitches across the head a mild concussion and serious dental work to be done. An inch to the right or left and I could have been completely decapitated.

I am wondering what grounds if any I have to sue for damages.

Here are the facts:

1) The service is offered free of charge

2) I was not wearing a helmet

3) The building forces us to use the entrance with the cars as it does not allow bikes in the lobby.

4) On past occasions I have used the entrance and the sensor for the garage door sensed my presence and opened. I had no reason to think it would start closing.

Any lawyers out there that could help me? At the very least take my story as a warning about this specific garage.



First off contact a lawyer!!!! Second NO HELEMT????

Strik_IX 06-21-2013 09:38 AM

Quote:

Originally Posted by DekeLikeYouMeanIt (Post 67768307)
Unfortunately I don't think you have grounds to gain anything from this. Pure accident and the fact that you weren't wearing your mandatory helmet is working against you.

The most I think you could do is create a lot of noise that they change the way bikers are entered/exited out of that garage. Separate ramp, exit, etc.

It's fortunate that you weren't permanently injured. All the best to your recovery.

As archaic as it sounds, bicycle helmets are not mandatory in Québec yet.

Stripper 06-21-2013 09:43 AM

You can sue for just about anything. Even though you weren't wearing a helmet, it's like you were high or drunk (were you?). As long as you don't ask for 200k, you'll win.

hototogisu 06-21-2013 09:54 AM

Quote:

Originally Posted by Lafleurs Guy (Post 67768565)
I'll represent you. They won't know what hit 'em.

Neither did your client... ;)

Seriously though Oleg, hope you're OK and you get it sorted out.

ScottFC 06-21-2013 10:00 AM

I have a hard time believing you'll have a case but you could possibly recoup some lost wages/medical costs. Although it might not be mandatory by law I think not wearing a helmet will work against you, also because its a free service.

My opinion, much like these other posters, would be to call a lawyer and ask for an opinion. If the lawyer feels as if you have a case against a big corporation he might take this on Pro-bono.

Hope it all works out and that you're ok

Cheers!

Burke the Legend 06-21-2013 10:11 AM

Not a lawyer but I think he would have a case if the door malfunctioned. Not for a huge payoff but compensation for medical & lost hours (as mentioned)

You don't have to wear a helmet, period, so that's irrellevent. Besides a helmet wouldn't have helped with his concussion. They are designed to help prevent skull injuries like a fracture don't help much against brain injuries. So maybe could have prevented the cut but not the concussion or dental injuries.

Lafleurs Guy 06-21-2013 04:55 PM

Quote:

Originally Posted by hototogisu (Post 67776253)
neither did your client... ;)

objection!!

Le Tricolore 06-21-2013 05:30 PM

.. just because


DekeLikeYouMeanIt 06-21-2013 05:31 PM

Quote:

Originally Posted by Strik_IX (Post 67775827)
As archaic as it sounds, bicycle helmets are not mandatory in Québec yet.

I thought they had a poll a few years ago to do that. Maybe it didn't go through.

Burke the Legend 06-21-2013 05:52 PM

**** that it would ruin bixi. You want me to take a bike hat to a bar?

Stoneburg 06-21-2013 09:55 PM

Quote:

Originally Posted by Burke the Legend (Post 67795897)
**** that it would ruin bixi. You want me to take a bike hat to a bar?

Look for an injury lawyer, yesterday.


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