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The New York Times reported last week that Dannon agreed to settle with the Federal Trade Commission in the United States regarding claims about its popular yoghurt and dairy products. It was reported that Dannon agreed to pay approximately $21 million dollars.

I have blogged about this case before:

Misleading or False Advertising

Dannon Agrees to pay 35 million settlement.

In 2009, Dannon had agreed to pay $35 million dollars for a settlement that arose because of a class action.

The legal woes stem largely from Dannon`s advertising and marketing practices for Activia a yoghurt product and DanActive a yoghurt drink.

The New York Times reported:

As part of a long-running national advertising campaign, Dannon had asserted that a single daily serving of its Activia yogurt could ease irregularity and that its DanActive dairy drink could reduce a person’s likelihood of catching a cold or the flu.

Slip and fall accidents can happen anywhere at anytime to anyone. They are no laughing matter and can result in serious injuries. In Ontario, the Occupiers Liability Act, is the primary source of law regarding injuries sustained when on the premises of someone else`s property.

Specifically, section 3(1) in lay terms essentially means, that anybody who is an occupier of property has a duty to take reasonable care to see that those people on their property are reasonably safe while on the property.

According to section 3(2), the duty of care is applicable whether the danger is caused by the actual condition of the premises, for example faulty staircase etc. Or, an activity carried on the premises for example, having more people in a room than it can hold.

The key words here are reasonable and care. Lawyers and courts have had to wrestle with the definitions of what is considered reasonable care in the circumstances of slip and falls. For example, if a food item falls in a grocery store and the staff clean it up but fail to clean up one last grape and a patron falls on it, is it reasonable to assume the store did all they could?  Is the standard of reasonable care, one of perfection? Or does that standard change when it is an individual versus a business?

Similarly, what if your home is undergoing some minor renovations and your yard is dug up with large holes. You decide to invite friends over warning them about the renovations. At the event alcohol is being consumed in large quantities, as it gets dark it becomes difficult to see the large holes in the yard. One of your guests, who is fairly intoxicated falls in the hole and injures himself. There are many issues at play in this scenario. Should you have invited friends, was it enough to simply warn them? Or should the event have taken place in another room. Is your friend someone who regularly drinks etc.

Continue reading "Mississauga Personal Injury Lawyer | Slip And Fall"

Winter is here, and that means slip and fall`s will likely increase. A slip and fall can be very serious. This is why it is very important to hire a lawyer that understands not only the law but also the medical aspects.

If you have been involved in a slip and fall ensure you attempt to document as much as you can. Always be honest about the facts surrounding the slip and fall accident but also your subsequent injuries.

Many slip and falls occur at grocery stores and shopping plazas, these facilities often use video surveillance.

It is also very important that you seek not only legal advice but medical treatment. Compensation for a slip and fall like any other personal injury accident is always based on the frequency and duration that you have sought medical treatment or advice. Medical evidence is crucial in supporting any claim for financial compensation.

If you or a loved one has suffered injuries because of a slip and fall accident, call the law office of Rehan Khalil today, a Mississauga lawyer.

Please see some of the other links related to this topic:

Personal Injury FAQ`S

Slip and Fall

This is a very common question. Essentially, if you are involved in a legal dispute that is in the court system, a motion is a procedure whereby you can request relief, or guidance from a court.

Motions come in all shapes and sizes and vary given the type of legal dispute and the particular relief you are asking for. Sometimes, motions can be brought requesting the other party produce more documents, sometimes a motion can be brought to dismiss a claim. A motion is different from a trial.

Preparing for a motion can be time consuming and there are various deadlines and procedural requirements that must be satisfied. Moreover, it`s not enough to simply attend at court and ask a Judge to grant you the relief, there is specific protocol.

There are also cost consequences for winning or losing a motion. This is why it`s so important to assess whether a motion is required and to balance all possibilities of success. Typically, the losing party will have to pay a cost award to the winning party. The cost award is based on the type of motion brought and the other parties legal fees account subject to reason.

If you are unrepresented and involved in a legal dispute and have been served with a motion immediately consult a lawyer. If you don`t attend on the day of the motion the Judge could grant the other party their relief without your presence.

If you are involved in a legal dispute call the law office of Rehan Khalil, a Mississauga Lawyer.

The debate surrounding the safety of cell phones continues. The Star reported, Scientist backs bill warning of dangers of cellphone radiation.

I have discussed this issue in previous blog posts, Cell phone use linked to brain tumors.

The primary issue around the cell phone debate is in regards to cell phone radiation and whether it is harmful or not.

Cell phone technology is by many standards relatively new, this is why the risks associated with cell phone radiation are unknown. While some suggest cell phones are not harmful others argue otherwise.

Think twice the next time you decide to eat shrimp. The Globe and Mail reported:

Although the Canadian Food Inspection Agency only scans a fraction of incoming seafood – five per cent is the agency’s target – inspectors are still finding tetracyclines (antibiotics commonly used to treat acne) nitrofurans (an antimicrobial drug and known carcinogen banned in Canada) and fluoroquinolones (broad-spectrum antibiotics used in human medicine) in the shipments they test. None should be consumed by humans.

The complete article can be found here.

If you or a loved one has become ill due to the consumption of a tainted product call the law office of Rehan Khalil today, a Mississauga lawyer.

There have been a number of car accidents over the last 48 hours as reported by the Toronto Star, 16 pedestrians hit by cars in 48 hours, no thanks to weather.

Always practice safe driving habits during bad weather. A car accident is serious and even minor injuries can last a lifetime.

According to the Canadian Press:

OTTAWA — A top-to-bottom scrubbing after a deadly listeriosis outbreak apparently didn't fully cleanse a Maple Leaf Foods plant of mould, slime and meat debris, newly released documents show.

Inspectors found a troubling lack of hygiene at the company's Toronto facility just weeks after it reopened last year from a temporary shutdown for cleaning, according to inspection reports.

In a car accident and not wearing your belt?

Wearing your seatbelt in a car is not only the law it is also smart. Some people still don`t get this. If you`re involved in a car accident and make a claim, any compensation you might be entitled to receive will be substantially reduced if it is revealed that you were not wearing your belt. That would be the case even if you were not at fault for the accident.

Also remember, many insurance companies have ways of finding out whether or not a seatbelt was actually being worn at the time of the accident. This involves the use of specialists who examine the belts to see if they were used.

The lesson, always wear your belt and drive safe.

If you or a loved one has been involved in any type of personal injury matter, call Rehan Khalil, a Mississauga Personal Injury Lawyer.

Six Steps for a Successful Product Recall, is a great article published in the Food Safety Magazine, an American publication.

The article written by an American attorney outlines six clear steps for dealing with a successful product recall. The article states:

``The number of product recalls is on the rise. There are high costs associated with conducting a recall and often higher costs for not recalling a dangerous or defective product.``

Despite, the fact it is an American publication it`s message is applicable to Canada.

In Canada, the Canadian Food Inspection Agency (CFIA) is responsible for issuing recalls. Food recalls are issued almost daily, but for some reason don`t always make it to the news. For the month of October alone, CFIA issued, seven recalls to date. For the entire month of September CFIA issued 11 recalls.

Some recalls can be minor, others can be serious. Whatever the case, it is important to be aware of food recalls. If an individual consumes a food product that causes them to become ill it can have very serious consequences and eventually lead to a lawsuit.

If your or a loved one have become ill due to the consumption of a food product, call the law office of Rehan Khalil today, a Mississauga personal injury lawyer.

Remember the content on this site is not legal advice it is only commentary.