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Accidents and Injuries – Legal Principles – Negligence and Insurance Coverage
Ottawa Accident Lawyers – Accidents and Injuries – Legal Principles – Negligence and Insurance Coverage
In personal injury law, there are a variety of legal principles available to attract negligence onto others. The three main categories of principles used on personal injury law are: general negligence (car accidents, slip and falls, trip and falls), intentional torts (assault and battery) and strict liability torts (nuisances, dog bites and animal attacks). This brief article deals with the principles of “negligence” in the personal injury context.
For the most part, personal injury court actions and claims are based on the principles of negligence. In the normal course of life, individuals, governments and businesses make mistakes and errors which can amount to negligence. In most cases, negligence causes others to suffer injuries which cause losses, damages and pain and suffering which should be compensated. Generally, the persons responsible for the accident (those who were negligent) have liability insurance which covers the losses caused by the acts and omissions of negligence. The types of insurance include general liability policies, commercial liability policies, municipal liability insurance, homeowner’s liability policies, tenant’s liability policies and so on which all cover losses associated with different types of accidents.
In cases where the acts were intentional, such as a battery or assault, insurance does not usually cover the losses associated with the intentional acts. In cases of strict liability such as a dog bite or a nuisance, care must be taken to review the policies of insurance available as not all policies cover damages ad losses caused by strict liability torts.
In negligence claims, the allegations centre around the relationship between the parties. When one party owes a duty to another to take reasonable care to protect the safety of another party and then breaches that duty, they can be held liable for any losses and damages suffered as a consequence of the breach. By way of example, imagine you own a property and you are aware that different persons attend on your property from time to time (mail person, friends, family etc…); you are aware of ice accumulating on your drive way and walk way; you take no steps to remove the ice; someone attends on your property, falls and is injured. As a consequence, under those facts, you would very likely be held liable and will have to pay damages to the injured person. By way of analysis of that fact scenario, the duty is to keep the property reasonably safe, the standard to be applied is to take reasonable steps to remove the ice, failing to do so is the breach of the duty owed and since the injury was caused by the direct breach of the duty owed, liability follows.
There are different defences available when allegations of negligence are made. A review of those defences will be the subject of my next brief article.
Marc-Nicholas Quinn is a partner at the law firm Plant Quinn Thiele Mineault Gridzki PC and founder of the Ottawa Personal Injury Lawyer Network. He is a personal injury lawyer and mediator. He lectures regularly at local educational institutions. He is a member of the Ontario Trial Lawyers Association (OTLA) and the Advocate’s Society. For a free consultation, contact us at 613-315-4878 or 613-315-HURT. No Fee Until You Win retainer agreements.
A brief guide to Bourbon Article
Bourbon is a spirit deeply set in American culture. The drink evolved and developed with the history of the country, becoming the popular libation it is today. In this article we will look at a few delightful bourbons including Knob Creek, Maker’s Mark, Van Winkle and Four Roses, all of which can be purchased from the online whisky store Master of Malt.
The Scotch-Irish brought whiskey with them to America. Many of them settled around Pennsylvania and the Northern States. There were a great number of distillers and a heavy alcohol tax, imposed in 1791, caused a great deal of consternation. The tax, which was largely to raise government funds, was particularly hard-hitting on the small scale producers ? larger scale distillers, George Washington included, received a flat tax rate.
The taxes were so high many distillers struggled to survive. Small scale civil protest developed until 1974, when armed rebellion broke out. After this, the US Government, for the first time since the US Constitution, used military force against its own citizens. These riots were known as the Whiskey Rebellion. Several men were imprisoned and two of the men were given death sentences, though these were repealed by George Washington on the grounds of one being a ?simpleton? and the other being ?insane?.
The tax eventually forced the distillers to flee to the southern states. A number of the distillers settled around Kentucky, where they benefited from the 1779 Cabin Rights and Corn Patch Law – a law which allowed any man to have 400 acres of land so long as he used it to grow maize and built a house upon it. Farmers quickly filled the state, and it was not long before they learnt that distilling the corn to produce whisky was a far more profitable practice. They began to ship the whiskey down the various waterways, including the Mississippi river which took the corn spirit to New Orleans.
Barrels to be transported would be stamped with their place of origin. There was one plot in what is now Kentucky called Bourbon County, named for the French Royal Family. Customers receiving spirit that originated there would ask for ?that whiskey from bourbon?. And so the name was born.
So this is what led the corn-base of bourbon. Corn brings a lot of flavour to the whiskey, and by law must account for at least 51% of the mashbill. The mashbill is the selection of grains used in American whiskey distillation. Of the four main grains used, corn imparts mellow, gentle sweetness and earthy spice. One example is Knob Creek, which is a small batch 9 year old whiskey produced by the Jim Beam Company. Knob Creek is named for the area where Abraham Lincoln spent his childhood. The whiskey has a spicy note with notes of toasty oak and caramel. The palate is full, soft and nutty with dark spices.
Rye is often used in the production of bourbon. Rye is a hardy grain and it brings a full body and supple character to a whiskey. It proffers plenty of spice and dark, peppery fruits. Four Roses is a a good example of a bourbon with a good quantity of rye present. Four Roses bourbon enjoys a maturation of around 5 to 6 years and has notes of fruity, dark honey and plenty of spice.
Rye is occasionally replaced with wheat by some distillers. Wheat is a much softer grain, which imparts a smooth body and a sweet flavour. A delicious wheated bourbon is Maker’s Mark, a small batch bourbon. Small batch is a term created by Jim Beam’s Booker Noe, and it refers to bourbon produced on a very small scale. Maker’s Mark offers notes of honey and coffee and sweet oak.
Barley is the final grain used in the production of bourbon. Barley is also the only grain used in the production of single malt Scotch. In much of America it is easily grown and was first brought over by the Scotch-Irish settlers. It proffers cereal notes, lots of biscuity flavours and sweetness with rich complexity. One sterling example is the well-aged Van Winkle 12. It is produced at the Buffalo Trace distillery and offers notes of buttery, juicy cereals, biscuity notes and honeyed smoke.
Each of these is a delicious example of how the various grains affect a bourbon. These are all great value whiskeys and are definitely worth trying, from the toasty, rich and nutty Knob Creek, to the spiced, darkly fruity Four Roses, through the supple, gentle sweetness of Maker’s Mark to the biscuity, thick Van Winkle 12. These are all available online at the Master of Malt.