Need legal advice - Personal injury

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  #1  
Old 05-13-07, 03:35 PM
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Need legal advice - Personal injury

At my work place we meet up every night to play poker, and it was closing time (still customers inside although the doors were locked). I wanted to knock on a window to say hello to my friends on the other side. So I hopped on a pallet of earth (this is why I need advice...). I took a strong step forward because I almost lost balance (note: almost, I didn't fall completely).

So far I am in the wrong in this story. But I wanted to balance myself, just by placing my 2 hands on the window. It REALLY wasn't strong, probably the force of someone who lost balance and kept themselves up by placing both their hands on a wall from a foot away.

The window broke, and I got a rain of glass. I am now in 42 stitches, cuts all over my arms, on my ear, my hand and my shoulder. Some of the shards were as big as my chest, I could have died had it hit my neck. There was a worker on the other side who got cut on the left butt cheek. These windows are NOT supposed to break on such little impact I am pretty sure and especially not in GIANT shards in front of a work place. This is also where I work btw, but I wasn't working at the time.

I am in QUEBEC, CANADA. Do I have a case? Or am I completely at fault here due to me being on a pallet?
 
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  #2  
Old 05-13-07, 06:24 PM
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Employer is legally required to carry worker's compensation insurance on all employees, but rules about who has to do so varies from province to province. It is not likely worker's compensation would cover injuries acquired outside of the performance of work and after hours.

Window may have broken "just by placing my 2 hands on the window". This is not true. Factor in your weight and the amount of force required to stop your fall. For every action there is an equal reaction in the opposite direction. Even smaller forces applied quickly can have as much impact as larger ones.

You are completely at fault for failure to think about the results of your actions. Your employer is obviously generous to allow the employees to entertain themselves on his property after hours. This is not wise on his part because of liability issues.

Too, filing a civil claim for your injury would open the judge's eyes to the fact that the employer is running what Canada identifies as a betting house. Too, gaming law Section 201 states that "the keeper of the disorderly house and everybody found in it can be punished with a maximum sentence of two years. The word of the law does not specify whether or not the stakes of the game would have an influence on the amount of the punishment."
 
  #3  
Old 05-13-07, 09:05 PM
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I sometimes wonder why there is a legal forum on this site, because the answer as so often, as it is now, that you need to talk to a lawyer. Keep in mind that, even if you have a case, it might not be in your best interest to pursue it.
 
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