Slip and Falls
A serious slip and fall accident can occur in a matter of seconds. But the time it takes to make a full recovery is often measured in months or years. And sometimes a full recovery simply is not possible.
If you or a loved one has been badly hurt from a slip, trip or fall on someone else’s property, you may be able to receive compensation for a slip and fall accident claim. Whether that property is commercial, residential, or a public road or sidewalk, a property owner/occupier has a duty to ensure their premises are reasonably safe for visitors.
If another person’s negligence led to an accident that resulted in an injury, they may be liable for the losses you’ve experienced. These damages can include lost income and future earning potential, medical bills, attendant care, and compensation for your pain and suffering.
Even if you may be partially at fault for the accident (for example, not sufficiently watching where you were walking, or wearing footwear that contributed to the fall), you may still be able to receive damages from another negligent person in proportion to that person’s negligence. When a slip, trip or fall results in a serious injury, it is always worth your time to contact an experienced slip and fall accident lawyer to discuss the incident.
How do these slip and fall accidents happen?
Types of slips, trips and falls.
There are many different ways you can find yourself unexpectedly laying on the ground in agony. Some examples of these accidents include:
- Slip-and-falls on icy sidewalks or private property, such as walkways and parking lots.
- Trips or falls due to broken stairs, improperly designed stairs, missing handrails, poorly lit staircases, uneven surfaces, or torn carpeting.
- Slips or trips from hazards left in highly trafficked areas, including spills and debris.
- Falling objects.
- Store displays in dangerous areas.
- Falls from hospital beds or during moves by hospital staff.
Is someone else at fault for my slip and fall?
According to the Occupiers’ Liability Act, Ontario property owners/occupiers have a duty to keep their properties reasonably safe. This act applies to:
- Tenants (for hazards over which they have control and responsibility).
- Store owners.
- Hotel owners.
- Restaurant owners.
- Property managers for hospitals, health care facilities, retirement homes, schools, parking lots, office buildings.
- Private homeowners.
- Governments (roads, sidewalks, government buildings, parks and recreational facilities).
Property owners are not held to a standard of perfection, but they must proactively prevent foreseeable slip-and-fall accidents or minimize the risk that an accident could occur, including repairing potential defects and hazards within a reasonable time.
Examples of property owner/occupier negligence includes:
- Seasonal negligence (failure to account for different hazards at different times of the year).
- Accumulated damage (ice and rain can damage concrete over time, creating cracks and uneven terrain).
- Poor maintenance schedules (properties need to be monitored regularly for defects and hazards).
- Failing to monitor maintenance crews (accidents may occur if cleaners do not set out appropriate signage when washing or waxing floors, for example).
- Improper building design or properties not conforming to building codes.
Proving a property owner/occupier was negligent is not enough to obtain an award for damages. The plaintiff (injured person) must also prove that the negligence caused the accident or contributed to its occurrence.
We can often be quick to blame ourselves when we suffer a slip, trip or fall. We may feel embarrassed that we fell and do not want to draw attention to the accident. We may also think that even though another person was responsible for an accident-causing hazard, we ought to have been more careful.
Many personal injury cases include some portion of what is called “contributory negligence”. This means that although someone else’s negligence caused or contributed to the event giving rise to the injury, the injured person also played a role.
Examples of contributory negligence in slip, trip and fall incidents include:
- Distraction (failing to pay appropriate attention to your surroundings).
- Wearing improper footwear for the environmental conditions and weather.
- Entering an obviously unsafe area or ignoring warning signs.
Contributing to your accident by failing to take appropriate care of yourself and notice of your surroundings may reduce the amount of a damage award, but it does not necessarily absolve another negligent person completely. A skilled and experienced lawyer with expertise in slip and fall cases can anticipate a defendant’s attempt to share the blame for an accident to reduce their liability. Your advocate can put forth arguments to counter those attempts to give you less than what you deserve.
Our slip and fall lawyers are working for Ontario families.
Children are highly active and aren’t always as careful as they should be. They are still learning about the world and their personal limits. This is why property owners have a responsibility to ensure that their property is child friendly.
An injury that causes a permanent disability for a child has life-changing consequences. It can reduce employment opportunities, limit future income, affect the ability to build and contribute to a family, and cause significant emotional and physical pain and suffering.
Our firm’s slip and fall lawyers help families whose children have been seriously injured at locations such as camps, amusement parks, swimming pools, and other recreational facilities to determine if you are eligible for a slip and fall claim.
What should you do following a slip and fall accident?
If you or a loved one has been seriously injured in a slip and fall, you may not have the capacity to do anything other than wait for medical help. However, if you have the ability to take the following steps immediately or soon after your accident, they may greatly assist your personal injury lawyer in building a case:
- Ensure you are safe if you stay at the scene of an accident.
- Do not move if there is a risk of aggravating your injuring or causing additional injury.
- Call for medical assistance if it’s needed immediately and seek treatment as soon as possible otherwise.
- If possible take photos or video of the scene of the accident and your injuries. If you are unable to, enlist the assistance of a family member to do so as soon as possible following the incident.
- Record the contact information for any witnesses.
- Make notes of any pertinent information (the weather, visibility, the time of day, etc.).
- Limit what you say and do not admit fault even if you may have played a role in the accident.
- Contact a personal injury lawyer with expertise in slips and falls as soon as possible to protect your rights to make a claim.
How can Gluckstein Personal Injury Lawyers help with my slip and fall accident?
Facing the future after a life-altering slip and fall injury is not something you or a loved one has to do alone. Gluckstein’s slip and fall lawyers are ready to help you in any way we can.
When you contact a member of our team, we will listen to your story with empathy, take the time to reassure you if you are afraid, and learn about what you need as a person deserving of compassionate and attentive care. We will explain your rights and the various options you have. If we believe we can help you obtain compensation and damages for your losses, and disability benefits if available, we will agree to help you make and advance your claim.
As a personal injury law firm with expertise in slips and falls accident settlements and we are dedicated to full circle care. Our team provides experienced, knowledgeable and skillful legal representation to clients. And even when your case is over, our interest in your well-being always remains. We are committed to making life better for people who have suffered terrible injuries or life-altering disabilities. As you begin your journey to recovery, trust Gluckstein Personal Injury Lawyers to be your strong supporter and trusted advocate.
Annie Liu"We are so very lucky to have met this team! We sincerely recommend Jane Lou and Gluckstein Lawyers!"
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