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房产主小心 门口摔跤找你赔
Slip and fall: Homeowners’ liability

随着一连串寒气逼人的冬季风暴袭来,大雪和冰冻笼罩了多伦多,因此市民出行时更容易滑倒摔伤。

The heavy snow and lots of ice hits Toronto as a series of winter storms usher in miserable winter conditions, leaving Toronto residents more vulnerable to injuries from slip and falls.

据加拿大统计局称,滑倒是导致重伤的主要原因,加国有34%的男性伤者和43%的女性伤者都是因此受伤。在1264岁的人群中,有40%的男性和45%的女性曾因滑倒或绊倒而摔伤。

 According to Statistics Canada, falls are the leading cause of serious injury, accounting for 34 per cent of injuries in males and 43 percent of injuries in females. In 12 to 64-year olds, a slip or trip incident was the cause of 40 per cent of falls in males and 45 per cent in females.

李东2011年在社区遛狗时就曾严重摔伤,当时她因为踩到邻居家门前的一块黑冰而重重滑倒,导致右脚踝骨折。在接受手术后,李东受伤的右腿中植入了金属螺钉。

Li Dong suffered a severe injury in 2011 when she was walking her dog in her neighborhood.  She slipped on a piece of black ice in front of a neighbor’s house and fell on her right ankle. The fall fractured her right ankle. A surgery was performed and metal screws were inserted into her right leg.

由于在中国滑倒摔伤的人只能自认倒霉,因此刚刚移民加拿大的李东对追责和法律索赔的概念非常陌生。在她联系人身伤害律师之前,她根本不知道自己有可能向相关业主寻求赔偿。

In China, individuals who suffer this type of injury are on their own to manage their sufferings. As a newcomer in Canada, the concept of liabilities and legal recourse are new to Li. She had no idea that she could possibility seek damages from the house owner until she contacted a personal injury lawyer. 

按照安省法规,营业场所、私人住宅、工厂和仓库等建筑的业主,对进入其物业的所有人都负有“谨慎责任”。他们有责任确保进入物业的人士的安全,并需对入物业内人士的受伤事故负责。因此如果有人因为业主的疏忽而受伤,业主很可能会遭到滑倒事故索赔。

Under Ontario law, owners of properties – including business premises, private homes, factories, or warehouses, owe all individuals who enter onto a property a “duty of care.” They are responsible to ensure that it is safe for people to enter into the building, and are liable to the on-premises injury. If anyone suffered injuries due to owners’ negligence, the owners are susceptible for slip and fall claims.

RSA Canada保险公司索赔业务主管沃克称:“全加拿大每年有多达数千起滑倒索赔都是源于住宅、店铺或仓库业主的疏忽大意,一些极端案例的受害者涉及头部或脊椎受伤,因此而造成的损失极大。”

 There are literally thousands of slip-and-fall claims all over Canada each year as result of negligence of the party who owns a house, store, or warehouse,” saysAlex Walker, Director of Claims Relations at RSA Canada.”In some extreme cases, people suffer injuries to the head or spine, and the costs of damages can be extremely high.

沃克称:“在我见过的滑倒索赔案例中,有因为轻微扭伤和软组织损伤只索赔$2500元的,也有因颅骨或脊椎严重受伤导致四肢瘫痪甚至死亡而索赔高达$100万元的。”

I’ve seen slip and fall claims range as low as $2500 for a minor sprain and soft-tissue injury to upwards of $1m for a catastrophic blow to the skull or spine resulting in death or quadriplegia,” says Walker.

在评估滑倒索赔时,业主是否存在疏忽是一个关键因素。如果有人在某物业场所内因通向物业走道结冰滑倒而导致手腕骨折,而结冰的原因是源于业主没有及时清理三天前的雪暴带来的积雪,那业主极有可能被认定存在疏忽。

Property owners’ negligence is a key factor in assessing the merit of the slip and fall claims.In a scenarios where a person visiting a premises suffered a fractured wrist due to the ice in the walkway of the property, and the property owner fails to clean the walkway after a snow storm three days ago, there would most likely be a finding of negligence against the property owner.

为了防患于未然,业主应该在营业场所或私人住宅的入口处摆放地垫或地毯,并及时更换破损的地垫,以确保地面保持清洁和干燥。

As precautionary measures, entrance to business premises or private properties should have mats or rugs to keep the floors clean and dry, and any damaged mats should be replaced as soon as possible.

滑倒索赔的赔偿金额涉及诸多因素,其中包括受伤程度、伤者的年龄以及其收入水平。由于业主可能面临滑倒索赔风险,因此拥有一份可以应对索赔的保险至关重要。

The award for slip and fall claims may depend on many factors – including the extent of the injury, the person’s age and the income level. But as property owners face risks of being held liable for the slip and fall injury, it is critical that the liabilities are covered by an insurance policy that can respond to the claims.

虽然大多数房屋保险都会涵盖赔偿责任,但保险费用和覆盖范围各不相同。因此业主在投保前应该先咨询独立保险经纪人,以确保自己购买的保险无误。

Most home insurance policies cover liability claims, but the policy premiums and the amount of coverage varies.  Property owners should talk to independent insurance broker, to ensure they are covered by the right policy.

目前,有一些保险经纪人并专为业主而不是为保险公司提供服务。你可以登陆www.ibao.org网站寻找合格的保险经纪人。

There are insurance brokers who work for homeowner, not insurance company. You can visit www.ibao.orgfor qualified insurance brokers.

但是即便拥有保险提供的保障,尽量避免有人受伤仍然至关重要。在严寒天气下保证人行道的安全无疑是艰巨的挑战,但所有企业和业主都必须认真应对这一挑战。对于业主来说,最重要的就是尽快清除积雪。

But despite the insurance policies in place, it is important that people don’t suffer injuries. The extreme winter conditions do make keeping walkways safe a true challenge, but it's a challenge that business and property owners to take seriously. It is important that property owners clear off the snow as quickly as they can.

沃克称:“每个业主都应该采取合理步骤确保人行道和走道楼梯的安全,并及时清除所有杂物、冰雪和落叶。”

It is up to each person who owns a building to take reasonable steps to make sure that they are keeping sidewalks, walkways stairs, clear of any debris, ice snow, leaves,” says Walker.

 

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