Slip & Fall / Trip & Fall

Overview

Although some slip and falls can be minor, many result in significant injuries. Unfortunately, most slip and falls and trip and falls are entirely preventable. Property owners have a responsibility to ensure that visitors to their property will be reasonably free from hazards. If you or someone you know has suffered an injury from a slip and fall, you may be entitled to treatment and compensation for your injuries.

Common Injuries

  • Fracture
  • Chronic pain
  • Dislocation
  • Ligament injuries
  • Head injury
  • Concussion
  • Traumatic brain injury

How Do I Prove My Slip & Fall Claim?

To claim damages for an injury sustained in a slip and fall you need to demonstrate that the fall occurred as a result of another person’s negligence. In Ontario, the owner/occupier of a premises has a duty to ensure that people visiting their property are reasonably free from harm. This includes making sure that the premises is free from slip and fall hazards such as ice and snow. This also applies to slip and fall hazards indoor such as wet floors or spills.

In order to demonstrate that you are entitled to damages you will need to demonstrate the following:

  • The property owner or an occupier was negligent
  • The negligence of the property owner or occupier caused your injuries

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Determining whether a property owner or occupier has been negligent is decided on a case by case basis. The obligations of an owner/occupier varies depending on the nature of the premises. For example, a higher duty is imposed on a business that invites the public compared to a private residence.

There are a number of complexities involved in identifying the appropriate party that is responsible for a premises under Ontario law. The Occupier’s Liability Act imposes varying duties on owners and occupiers of a property and it can be difficult to identify who is responsible for a given area without the assistance of a lawyer.

This can be especially difficult in the short time frame of 60 days allowable under the Occupier’s Liability Act to put the responsible party on notice. Additional complexities arise if the fall happens on public property where the time limit to put the appropriate municipality on notice is reduced to 10 days.

What Damages Are Recoverable From My Slip & Fall?

Damages include compensation for your pain and suffering sustained in the slip and fall. The severity of your injury and the impact it has on your life and livelihood is directly related to the amount that you are entitled to receive for your pain and suffering damages. You are also typically entitled to compensation for your economic losses. This can include any out of pocket expenses you sustained or are likely to sustain in the future, such as medical and rehabilitation costs. Additionally, any losses of income or future anticipated losses of income are recoverable.

What Do I Do After A Slip & Fall?

The short time frames for putting the responsible party on notice after a slip and fall makes it exceptionally important for a slip and fall victim to contact a personal injury lawyer as soon as possible after the fall. Our lawyers are always available to provide you with a free consultation after a slip and fall. We have helped countless clients over the years with slip and fall claims and can provide you with expert legal advice. Sometimes property owners can try to deal directly with injured individuals, they may seem friendly and genuinely concerned about your wellbeing, but be careful about delaying too long before contacting a personal injury lawyer as you could lose your ability to pursue a claim.

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