Pokémon Go and Pedestrian Safety

Historically, when individuals think about video game injuries they may be thinking of carpal tunnel syndrome, eye strain or possible fatigue, as gamers play for hours on end in the comfort of their own homes. However, with the recent launch of Pokémon Go into Canada, gamers, pedestrians and motorists alike, need to be aware of the increased caution that is needed on roadways as more people immerse themselves in the virtual world, while physically walking around in the real world.

Pokémon Go was released in Canada on July 17, 2016 and is a free-to-play, location based, augmented reality game developed by Niantic for IOS and Android devices. In the game, players use the smart device’s GPS and camera to capture, battle, and train one of the 151 virtual creatures, called Pokémon, that appear on the screen as if they were in the same real-world location as the player. As players travel around the real world, their avatar moves along with them on the game’s map. Players must physically travel to explore the game’s map, capture Pokémon, visit PokéStops to collect needed resources for your Pokémon trainer, or gyms, to battle other players and test their skills.

Sensor Tower, a group that analyzes mobile apps earlier estimated that the game is the fastest ever to reach 50 million global downloads across iOS and Android devices and now estimates that the game has crossed the 75 million download milestone earlier this week.

The share price of Nintendo Co., Ltd rose dramatically after the initial launch on July 6th, 2016, from $17.63 to an intra-day 52-week high on July 18th, 2016 at $38.25. The share price has since fallen back to about $29 on the date this article was written. Nintendo now sits at a market capitalization of around $36.74 Billion.

Within Toronto, pedestrian and road safety is an upmost concern for motorists and residents of the city. As of July 14, 2016, total pedestrian and cyclist deaths within Toronto for this year have reached 23. With the addition of games such as Pokémon Go, gamers, pedestrians and motorists should take extra care, to avoid contributing further to this rise in deaths.

For Gamers

1.    Remember to be alert at all times, be aware of your surroundings. This is also the splash screen message within Pokémon Go as the app opens, which can be applied to both awareness to capture Pokémon and player’s safety as they travel around the real world.

2.    Common sense. There have already been numerous reports of accidents related to players playing Pokémon Go, as people walk into revolving doors, trees, or not being fully aware when crossing a street, leading to personal injuries.

3.    Avoid Trespassing and show respect. In the quest for Pokémon, players have also been trespassing into restricted areas or places where they could be hurt, or hurt by others present at these locations. Some of these places include, court rooms, hospitals, and residential homes. Players should avoid trespassing into these areas, and allow clients, patients and homeowners their privacy.

For Pedestrians

1.    Awareness of others. If you are not playing Pokémon Go, be aware that others might be or are being simply distracted in some other way. This may result in pedestrians, abruptly stopping on the sidewalk, road, or while crossing a street.

2.    Any handheld device. When using any handheld device be aware when stepping away from curbs and on to the street as these devices may lead to distraction. As the saying goes, “look both ways before crossing the street”.

For Motorists

1.    Avoid playing Pokémon Go while driving. This may seem like common sense, however, there have already been accidents related to players driving while trying to capture a Pokémon. Avoiding playing while driving will improve the overall road safety for yourself and others.

2.    Awareness of others. Be aware that in high density pedestrian areas some people may make unexpected movements or not be fully aware of the real-world dangers that are present as they walk into the street or into a parking lot.

While the weather is nice this summer, more and more people will be out trying to catch them all. Remember when playing Pokémon Go, be respectful, be aware of your surroundings and be safe! As the saying goes, “the life you save may be your own”.

Feel free to contact me or any lawyer at Strype Barristers LLP and we would be happy to answer any questions you may have regarding issues arising from this new wave of entertainment.
Robert


Robert Ciriello, HBA, MBA, JD
Articling Student
Strype Barristers LLP
141 Adelaide Street West, Suite 1400
Toronto, ON, M5H 3L5
Tel: 416.214.2400 Ext. 2240
E-mail: Rciriello@strype.ca

Links to Other Articles
For more information on Pokémon Go, see the links below:

https://techcrunch.com/2016/07/11/pokemon-go-adds-9b-to-nintendos-value-global-rollout-continues-this-week/

http://www.gamespot.com/articles/pokemon-go-estimated-to-have-been-downloaded-75-mi/1100-6442180/

For more information on pedestrian and cyclist deaths within Toronto, see the link below:

http://www.metronews.ca/news/toronto/2016/02/04/pedestrian-and-cyclist-fatalities-in-toronto-2016.html

First Driver Death in Self-Driving Car Accident

Authorities investigate first driver death in self-driving car accident

A fatal collision involving a self-driving car has been recorded in Florida.

 

"WASHINGTON — The first American death involving a car in self-driving mode presents a dilemma: How aggressively to embrace the potentially life-saving technology after a fatal crash."

Read the full article here: http://www.nola.com/traffic/index.ssf/2016/07/driver_killed_in_self-driving.html 

Boating Accidents

Despite much more stringent licensing requirements in recent years, recreational vehicles such as boats are still involved in many accidents every year that result in catastrophic injuries and deaths.

 

Police urge safety on Ontario waterways amid increase in boating deaths

 

ORILLIA, Ont. — Provincial police say three times as many people have died in boating accidents on Ontario waterways this year compared to the same time in 2015.

The OPP say eight people have died in six separate incidents so far in 2016.

The primary source of compensation in many boat accidents are accident benefits from a homeowner's insurance policy. However, you may also have a claim against the driver who was responsible for the accident. This is known as a tort claim.

http://www.strype.ca/serious_accidents_boat_atv_accidents.h…
http://www.strype.ca/serious_accidents_tort_and_accident_benefits.html

Whether the most appropriate course of action is seeking accident benefits, pursuing a tort claim or seeking a third-party claim against the manufacturer of a recreational vehicle, our lawyers have the skills, knowledge and resources to seek the maximum rehabilitation and compensation on your behalf.

YOUR FIRST CONSULTATION IS ALWAYS FREE!

Email us or call us today at 416-214-2400 • 1-855-4-STRYPE.
http://www.strype.ca/serious_accidents_boat_atv_accidents.h…

Ford recalls 29,300 Ranger pickups in Canada for airbag fault

Takata airbag recalls to grow as U.S. regulator takes over recall proces

Ford is recalling about 391,000 Ranger pickups, including 29,334 in Canada, because the driver's airbag inflators can explode with too much force and cause injuries.

Ford Ranger pickup trucks are being recalled after another death related to exploding Takata airbags. (David Zalubowski/Associated Press)

The recall covers trucks from the 2004 through 2006 model years in the U.S. and Canada.

Read more about it, here: http://www.cbc.ca/news/business/ford-recalls-29-300-ranger-pickups-in-canada-for-airbag-fault-1.3420414

Manufacturers must have quality control systems in place to prevent defective products from entering the market. They also need to provide adequate directions and warning labels to protect consumers.

When a dangerous or defective product injures an unwary consumer, one or more of the manufacturer, designer, distributor, wholesaler or retailer will be considered legally liable as long as the consumer was using the product as it was meant to be used when he or she was injured.

Strype Barristers LLP is experienced in helping determine who bears responsibility for product or manufacturing defects or inadequate warnings and information and then pursuing those responsible for the damages that their negligence has caused consumers.

In the light of recent massive auto industry product recalls and resulting lawsuits, Strype Barristers is ready to pursue those responsible for the damages that their negligence has caused you.

YOUR FIRST CONSULTATION IS ALWAYS FREE!
Email us or call us today at 416-214-2400 • 1-855-4-STRYPE. 

 

Teen driver's death linked to Takata air bag problems

A teen driver who died a few days after a July car crash near Pittsburgh has been tentatively identified by the government as the eighth death in the U.S. due to an explosive air bag inflator made by auto parts maker Takata, federal transportation officials said Wednesday.

Although yet to be confirmed by the manufacturer, the 8th incident involved a model year 2001 vehicle that spent most of it service life in the high absolute humidity (HAH) region and had been under recall for many years. Read whole article.

For Takata recalls in Canada, please follow this link: https://www.tc.gc.ca/eng/motorvehiclesafety/safevehicles-defectinvestigations-1433.html

The high cost of OB/GYN mistakes in Ontario

When OB/GYNs commit medical mistakes, negligence and malpractice, the stakes are uniquely high. The results can be catastrophic, heartbreaking — and often remain secret. A Star/Ryerson investigation.

 

 

Richard Lautens / Toronto Star 

“I personally direct more of my anger, blame and bitterness toward the system than I do the individual physician,” says Laura MacGregor, whose son Matthew suffered catastrophic brain injuries during birth. 

“There may be more lawsuits in other specialties for smaller amounts, but in obstetrics there are higher (settlements),” he says. “Surviving is significantly more expensive than dying.”

Obstetrics is considered the highest-risk branch of medicine, according to medical insurance figures paid by most physicians in Canada.

The national legal insurance fund for doctors, the Canadian Medical Protective Association (CMPA), will charge individual obstetricians (with or without a gynecological practice) $72,456 in premiums in 2016 — an amount far beyond any other specialty. More than 80 per cent of that is subsidized by taxpayers, a recent Star investigation reported.

This year, the CMPA singled out obstetrics — the care of patients during pregnancy and childbirth — as the only medical specialty to receive its own specific education program aimed at improving patient care and reducing costs of litigation and settlements.

“In a baby case, the compensation takes into account an entire lifetime,” says Bell. “In other specialties, we are normally dealing with adults who generally are not neurologically compromised thus requiring less intense care, and the life span is usually considerably shorter.”

 

Pedestrian fatalities in Toronto hit 10-year high

Elderly pedestrians are taking the brunt of the increase, with 20 seniors killed on the streets of Toronto this year compared with six at this time last year.

Pedestrian collisions tend to increase during the winter as daylight hours are shorter and road conditions are worse.

With the rise in fatalities, the issue of pedestrian safety has come to the fore this year. In northwest Toronto, on the day police launched their annual back-to-school road safety campaign, a 14-year-old girl was hit and killed by a dump truck. In Mississauga, a memorial to a 4-year-old boy surrounds a stop sign near his school, where he was run down Nov. 20. The family of a 47-year-old woman is suing the TTC and a bus driver in connection with her death.

This year’s fatality statistic marks a 10-year high, with possibly the worst yet to come as the days shorten.

http://www.thestar.com/news/gta/2013/12/06/pedestrian_fatalities_in_toronto_hit_10year_high.html

GM RECALL: Strype Barristers LLP is Currently Handling Defect & Recall Lawsuits: Watch our Video

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Toronto Bicycle and Motorcycle Accident Law Firm: Representing Riders Who Have Been Hit by Cars

It's that time of the year again!

Bicycles and motorcycles are back on Toronto streets.

Unfortunately, this time of the year shows an increase in serious road accidents involving bicycles and motorcycles.

With the addition of bicycle lanes to its streets, the city of Toronto is promoting the use of bicycles and other forms of alternative transportation. In some cases, this has caused confusion amongst motorists that can lead to serious accidents involving life-changing catastrophic injuries.

Whether on a motorcycle or a bicycle, if you have suffered injuries as a result of negligent motorists, you could be entitled to government-regulated accident benefits through your own automotive insurance policy as well as other benefits.

In some personal injury cases, injury victims find it difficult to obtain rehabilitation and compensation for injuries.

The bike accident trial lawyers at Strype Barristers LLP can help you get results.



Motorcycle accidents often result in devastating injuries that can end careers and change lives forever.

In addition to accident benefits and disability benefits, you may be entitled to additional benefits if you are not at fault in your accident. You may have a claim against the driver, known as a tort claim, who was responsible for the accident. We will work closely with you, making sure you understand all of the benefits available to you beyond your insurance.

Unfortunately, there can be a perception that bicycle and motorcycle riders are reckless and that accidents and resulting injuries are inevitable. We will make a thorough case on your behalf, striving to clearly absolving you of liability and demonstrate your short term and long-term need for rehabilitation and compensation.

We Welcome the Opportunity to Represent You

To learn more about your rights, contact us for a free consultation with a personal injury lawyer. To learn more about your rights after a bicycle or motorcycle accident, contact us for a free initial consultation with a Toronto motorcycle accident lawyer.

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Email us or call us today at 416-214-2400 • 1-855-4-STRYPE.

GENERAL MOTORS RECALL: Strype Barristers LLP is Currently Handling Defect & Recall Lawsuits.

 

GM has now recalled more than 25 million vehicles in North America for various safety defects affecting a number of makes and models. Strype Barristers LLP is currently handling lawsuits in respect to the following defects / recalls:

Affected vehicles

• BUICK LaCrosse, 2005 - 2009.
• BUICK Lucerne, 2006 - 2011.
• CADILLAC CTS, 2003 - 2011.
• CADILLAC Deville, 2000 - 2005.
• CADILLAC DTS, 2006 - 2011.
• CADILLAC SRX, 2004 - 2006.
• CHEVROLET Camaro, 2010 - 2014.
• CHEVROLET Cobalt, 2005 - 2010.
• CHEVROLET HHR, 2006 - 2011.
• CHEVROLET Impala, 2000 - 2014.
• CHEVROLET Malibu, 1997 - 2012.
• CHEVROLET Malibu Maxx, 2004 - 2007.
• CHEVROLET Monte Carlo, 2000 - 2007.
• OLDSMOBILE Alero, 1999 - 2004.
• OLDSMOBILE Intrigue, 1998 - 2002.
• PONTIAC Solstice, 2006 - 2010.
• PONTIAC G5, 2007 - 2010.
• PONTIAC G6, 2005 - 2010.
• PONTIAC Grand AM, 1999 - 2005.
• PONTIAC Grand Prix, 2004 - 2008.
• PONTIAC Pursuit, 2005 - 2010.
• SATURN Aura, 2007 - 2010.
• SATURN Ion, 2003 - 2007.
• SATURN Sky, 2006 - 2010.
• GM Model Update

If you have been seriously injured or a family member killed in an accident involving one of the recalled vehicles, please contact STRYPE BARRISTERS LLP contact us directly at 416-214-2400 • 1-855-4-STRYPE for a FREE case evaluation.

There is compensation now for these injuries.
 

Let Us Explain Your Rights and Get Compensation you Deserve

 

 

Our experienced serious accident lawyers will work with you to quickly determine the time frame we are working with and make sure your rights are protected. If you have a valid claim against a negligent party, you can rely on us to hold them accountable for providing all appropriate compensation.

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Email us or call us today at 416-214-2400 • 1-855-4-STRYPE.

Smile...you are on TTC camera!

Did you know that the Toronto Transit Commission (“TTC”) buses, streetcars and subway trains have video recording on them?

 You may have known this, but I bet what you didn’t know is that these videos are only available for download for a very short period of time as they are set to loop and record over old video in just a matter of hours.

Bus and streetcar videos must be downloaded within 15 hours, and subway train videos must be downloaded within 72 hours.  If these videos are not downloaded within this amount of time, known as the ‘retention period’, it will no longer exist as the video system loops and records over the old video.

Under Section 28 (2) of the Municipal Freedom of Information and Protection of Privacy Act, and subsequent recommendations provided by the Privacy Commissioner, there are 3 occasions when these videos can be downloaded:

• 1. In aid of law enforcement;
• 2. Criminal Activity; and
• 3. Public Safety Necessity.

There is also a Video Recording Policy listed on the TTC’s website: 

https://www.ttc.ca/Riding_the_TTC/Safety_and_Security/Video_Recording_Policy/index.jsp

Under this policy there are limited circumstances in which the TTC will or can download the video, these include:

• 1. If law enforcement requests the video;
• 2. If there is a public safety reason for doing so, or;
• 3. If a person recorded by the video requests it.

This could be important if you are injured and may have a claim as this video could show what happened.  For example, what the circumstances were, how a driver was driving, and in the case of a slip and fall on TTC property, what the condition of the ground or floor was.

Once the video has been downloaded, it is then retained for a time period of one year.

It is also important to know that the bus, streetcar or subway driver cannot download the video.  It must be a supervisor, who has keys and access to the video DVR.

Therefore, if you are in an accident on TTC property, i.e. within the TTC subway system or on a TTC vehicle (be it a bus, streetcar, or subway train) and you think there has been negligence on the part of the TTC, or on someone else for that matter, this video may aid you in your case.  It is critical to request it immediately as it will not exist for long – only a matter of hours!

YOUR FIRST CONSULTATION IS ALWAYS FREE!
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STRYPE Barristers LLP • Top Toronto Personal Injury Lawyers 

Sunny Days Require Careful Driving

It would seem summer is finally upon us, the weather is nice and the sun stays out much longer.  When enjoying extended daylight hours we often don’t stop to think about how the sun can affect us while driving. 

AAA has some helpful tips to ensure that drivers are prepared for the sun in order to minimize risks when driving, including:

• Invest in polarized sunglasses;

• Utilize your sun visor;

• Leave more following room; and

• Keep your windshield clean.

http://exchange.aaa.com/safety/roadway-safety/dangers-of-driving-into-sun/

Enjoy the sunshine and drive safely!

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Email us or call us today at 416-214-2400 • 877-899-2400
STRYPE Barristers LLP • Top Toronto Personal Injury Lawyers

Texting and Driving

New Fines Introduced

 

On the heels of a Judicial Order of Justice Annemarie Bonkalo, Chief Justice of the Ontario Court of Justice, the Ontario Legislature has re-focused its attention on ensuring public safety on Ontario’s roads and highways. 

On March 17, 2014, the Province introduced legislation aimed at reducing motor vehicle accidents, injuries and fatalities by targeting and stiffening penalties for careless motorists and other distracted drivers on their cellphones or other devices.  More specifically, the proposed Keeping Ontario’s Roads Safe Act and supporting amendments to the Highway Traffic Act, seek to make roads and highways safer by:

•    Increasing fines for distracted driving;
•    Assigning 3 demerit points upon conviction of distracted driving;
•    Making a distracted driving conviction a contravention of the licence conditions placed on novice drivers within the Graduated Licencing System;
•    Increasing fines for drivers who “door” cyclists;
•    Increasing the demerit points assigned to drivers who “door” cyclists;
•    Requiring all motorists to maintain a distance of one metre when passing cyclists;
•    Requiring all motorists to yield the whole roadway to pedestrians at school crossings and pedestrian crossovers.

For more information on the proposed legislation, please visit the Province of Ontario website at http://news.ontario.ca/mto/en/2014/03/keeping-ontarios-road-safe-act.html

Strype Barristers LLP reminds everyone that it is illegal to text, type, dial or email using hand-held cellular phones or other entertainment devices while operating a motor vehicle. 

Please pay attention on the roads and avoid catastrophic accidents and injuries.  

Drive safe!

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Email us or call us today at 416-214-2400 • 877-899-2400
STRYPE Barristers LLP • Top Toronto Personal Injury Lawyers 

Strype Barristers LLP Celebrates a Milestone

We recently celebrated our 10th Anniversary!

 

For more photos, please click here.

Jeff Strype founded Strype Barristers LLP in 2001 after working for 20 years with large legal firms. He believed that a smaller specialized firm would give him the opportunity to bring his talents and skills to the most effective service of his clients. Jeff is a trial lawyer, dedicated to making sure that his clients have access to justice and fighting for their right to appropriate compensation. His firm specializes in working with victims who are facing traumatic and heart-wrenching situations as a result of the negligence of others.

Since 2001, Strype Barristers LLP has been helping the victims of catastrophic injuries and medical malpractice, including obstetrical and neonatal cases, to get the compensation they deserve. Jeff's team of experts works with each client, to evaluate his or her case as quickly as possible. To strengthen and support their clients’ cases, the firm has access to top medical professionals, as well as financial experts who can forecast the long-term financial needs of each client.

If you or a loved one has suffered catastrophic injuries in an accident, or has become disabled through illness, please contact our office for a free, no obligation consultation. Let us evaluate your claim and inform you of your rights to rehabilitation and compensation for your injuries.

YOUR FIRST CONSULTATION IS ALWAYS FREE!
Email us or call us today at 416-214-2400 • 877-899-2400
STRYPE Barristers LLP • Top Toronto Personal Injury Lawyers

The Use and Abuse of Statutory Accident Benefits Schedule

 

Read a new article published in the October 2013 issue of Litigator:

The Use and Abuse of Statutory Accident Benefits Schedule assessors at tort trials

Written by Kyle T.H. Smith, Partner at Strype Barristers LLP, Toronto's Top Personal Injury, Serious Accident and Medical Malpractice Law Firm.

Thwarting the MIG

Read:

Thwarting the MIG: Working within the system to get your clients the treatment they need. Published in The Litigator, April 2013. 

Article written by Kyle T.H. Smith, Partner at Strype Barristers LLP, Toronto

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STRYPE Barristers LLP • Toronto's Top Personal Injury Lawyers

What you need to know about working with Strype Barristers LLP, Toronto's Elite Personal Injury Law Firm.

When you come to us for the first time, you have already been through a traumatic experience that has changed your life. We understand that your finances may be stretched to the limit and you may be wondering how you can cope. This is no time for you to worry about the expense of paying a lawyer. 











This is the time to speak to us about your rights and remedies at NO CHARGE.

We have extensive experience in analyzing whether a case can be brought to a successful conclusion. Because we charge no fees until the case is settled, we have to be convinced that your case is likely to succeed. Remember, we will be taking on all the expenses through the months and years until your case is resolved.

    •    No charge for first consultation
    •    Fees are paid only upon successful settlement
    •    Expert medical opinions are gathered from doctors who are experienced in presenting evidence in court
    •    Expert financial analyses are done to project future needs for you and your family
    •    Ongoing communication is a priority

And, if we take on your case, you pay no fees until the case is settled or you receive a successful judgment.

We are able, because of our experience and reputation, to refer you to expert physicians and specialists who are skilled, not only in the medical field, but also at giving evidence. Our experts know how to withstand a cross- examination by a defense insurance lawyer. Likewise, after hundreds of trials, we have the experience to rigorously cross-examine defense insurance doctors if a matter goes to trial.
 
Our expertise is not just legal and medical it is financial, too. When calculating damages, many ongoing and future expenses for yourself, your family, and your business need to be considered. The goal of the opposing insurers is to minimize your monetary claims. We understand the intricacies of analyzing financial data and know how to present the details of your case clearly and emphatically to obtain the best results possible.
 
When we accept your case, we are committed to a long-term relationship built on trust and mutual respect in which we will use every source of expertise and skill to bring about positive results. We communicate with you throughout the process so that you understand, at every step, what the insurers are doing and how we are working for you. At a time when you are severely stressed because of your injury, or that of a family member, we strive to reduce your stress in working through the legal process for the benefit of you and your family.

YOUR FIRST CONSULTATION IS ALWAYS FREE!
Email us or call us today at 416-214-2400 • 877-899-2400

STRYPE Barristers LLP • Toronto's Top Personal Injury Lawyers

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