There are a number of considerations in deciding whether it is in your best interest to sue. For example, perhaps you recently attended a climbing gym for the first time. Before allowing you to use the climbing wall, the receptionist required you to read over and sign the gym’s liability waiver. You scan through the waiver, and sign your name at the bottom. After climbing for half an hour or so, you fall off the wall. Unfortunately, the safety rope provided by the gym breaks. You fall ten feet onto your back. You are very sore the next day, and consequently have difficulty lifting some of the heavier items at work.
Should you sue the gym for negligence?
There are numerous matters to be considered before deciding that it is in your best interest to sue the gym. For example, it would be vital to determine whether the waiver you signed with the climbing gym covers this sort of accident. Without review of that specific waiver, it is impossible to tell whether the climbing gym would be protected from litigation. It could very well be the case that the waiver that you signed does preclude you from advancing any law suit against the gym.
Second, assuming that the waiver does not prevent you from suing, you have to determine the type and amount of damages you might be able to claim. These damages might include missed wages from work, medical treatment expenses or money for your pain and suffering. If your potential damages are not significant, it might not be financially viable for you to pursue a law suit.
Third, you must consider what level of court is appropriate for your potential action. For example, if your damages are less than $25,000.00 you should probably advance your claim in Small Claims Court (Provincial Court). If your damages are estimated to exceed $25,000.00 then you would probably bring your case in Supreme Court. Without a careful review of the situation, it is difficult to know what damages might be available in your situation, and consequently the most appropriate Court to pursue your damages.
Before deciding to sue, there are a number of important strategic and legal decisions to make. The considerations reviewed above are only a few of the elements that must be considered, and the factors change with every different circumstance. If you find yourself in a situation where litigation could be an option, contact us to review your circumstances.