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Slip and Fall Lawyers
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:
- Landlords.
- 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.
Contributory negligence.
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 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 Lawyers to be your strong supporter and trusted advocate.
Related Expertise.
Slip and Falls FAQs.
- Why is it important to receive a catastrophic designation?
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Receiving a catastrophic designation after being injured in a personal injury accident in Ontario is crucial for several significant reasons.
A catastrophic designation often leads to increased benefits under the Statutory Accident Benefits Schedule (SABS). This designation can result in higher coverage limits for medical expenses, attendant care, rehabilitation, and other essential services.
Individuals with a catastrophic designation may gain access to specialized medical treatments, therapies, and support services tailored to address the specific needs arising from severe injuries, such as traumatic brain injuries or spinal cord injuries. Catastrophic designations can lead to higher compensation amounts for future care costs, income replacement, and other financial losses incurred due to the catastrophic injury. This financial support is crucial for long-term recovery and rehabilitation.
Having a catastrophic designation ensures individuals receive ongoing support, including long-term medical care, rehabilitation services, vocational assistance, and other resources aimed at promoting independence and quality of life. Recognition of a catastrophic injury through the designation allows individuals to access resources such as adaptive equipment, home modifications, and specialized therapies that can significantly improve their quality of life post-injury.
Receiving a catastrophic designation in Ontario is instrumental in ensuring individuals with severe injuries receive the necessary benefits, care, financial support, and legal advantages required for their recovery, well-being, and overall quality of life.
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- What is considered to be a catastrophic injury?
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A catastrophic injury causes significant and permanent impact or damage to a victim. However, the term catastrophic injury has a specific meaning and is defined by certain criteria when applied to Ontario's Statutory Accident Benefits Schedule (SABS) for motor vehicle accidents.
Some examples of catastrophic injuries according to SABS criteria include:- A severe brain injury;
- Loss of a limb;
- Extreme loss of vision; and
- Paralysis, among other injuries.
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- What are some signs and symptoms of severe head trauma?
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Each brain injury is a unique event with its own set of effects, there are some common difficulties arising from severe head trauma, including:
- Headaches;
- Confusion;
- Lightheadedness;
- Full or partial paralysis;
- Dizziness;
- Blurred vision or tired eyes;
- Ringing in the ears;
- Bad taste in the mouth;
- Fatigue or lethargy;
- Changes in sleep patterns;
- Behavioural or mood changes;
- Trouble with memory, concentration, attention, or thinking;
- Repeated vomiting or nausea;
- Convulsions or seizures;
- Inability to awaken from sleep;
- Dilation of one or both pupils of the eyes;
- Slurred speech;
- Weakness or numbness in the extremities;
- Loss of coordination;
- Increased restlessness or agitation.
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- Headaches;
- What is the second thing I do if I sustained a traumatic brain injury?
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If you suffered a traumatic brain injury (TBI) due to someone else’s careless or negligent behaviour, after getting medical attention your next priority should be contacting an experienced catastrophic injury lawyer.
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- What is the first thing I should I do if I sustained a serious blow to the head during an accident?
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Any accident involving a serious blow to the head should be enough to seek immediate medical care, even if you feel fine in the following hours or days. Damage to the brain does not always produce noticeable symptoms immediately, so it is best to let a medical professional evaluate your cognitive abilities and brain function after an accident.
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- What are the time limits on filing a catastrophic injury claim?
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In Ontario, the time limits for filing a catastrophic injury claim are governed by the province's Limitations Act, 2002.
In Ontario, individuals generally have two years from the date of the accident or the date they discover their injury to file a personal injury claim, including claims related to catastrophic injuries. This two-year period is known as the limitation period.
If the catastrophic injury was not immediately apparent at the time of the accident and was discovered later, the limitation period may start from the date the injury was discovered or when the individual should have reasonably discovered it.
For individuals who were minors (under the age of 18) at the time of the accident, the two-year limitation period begins to run on their 18th birthday. This provision allows minors extra time to bring a claim.
While there are no formal notice requirements for catastrophic injury claims in Ontario, it is advisable to notify relevant parties, such as insurance companies, as soon as possible after the accident to initiate the claims process.
In certain circumstances, there may be exceptions or extensions to the limitation period. For example, if the injured individual lacks the legal capacity to file a claim, the limitation period may be extended. It is crucial to seek legal advice from an experienced personal injury lawyer promptly after sustaining a catastrophic injury in Ontario to ensure compliance with the applicable time limits for filing a claim.
Missing the deadline could result in the loss of the right to seek compensation for the injuries suffered. A knowledgeable personal injury lawyer at Gluckstein Lawyers can help navigate the complexities of filing a catastrophic injury claim within the specified time limits.
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- Why is it important to seek representation from a personal injury lawyer with experience in catastrophic injuries?
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It is crucial to seek representation from a personal injury lawyer with experience in catastrophic injuries. Personal injury lawyers with experience in catastrophic injuries have specialized knowledge and expertise in handling complex cases involving severe and life-altering injuries. They understand the unique challenges and nuances associated with catastrophic injuries, such as traumatic brain injuries, spinal cord injuries, amputations, and severe burns.
Lawyers who specialize in catastrophic injuries not only provide legal guidance but also offer emotional support and guidance throughout the legal process, helping clients cope with the challenges they face. By seeking representation from a personal injury lawyer at Gluckstein Lawyers with experience in catastrophic injuries, individuals can ensure they receive the level of care, expertise, and advocacy needed to navigate the complexities of their case, pursue justice, and obtain the compensation they deserve for the profound impact of catastrophic injuries on their lives.
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- What benefits can I access if my injury is deemed catastrophic?
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If your injury is deemed catastrophic, you may gain access to a range of benefits that can provide crucial support for your recovery and well-being.
Here are some of the benefits you may be able to access:
- Enhanced Medical Benefits.
- Income Replacement.
- Attendant Care Services.
- Housekeeping and Home Maintenance Benefits.
- Rehabilitation Services.
- Transportation Expenses.
- Case Management Services.
- Home Modifications.
- Future Care Costs.
- Legal and Advocacy Support.
By accessing these benefits, individuals with catastrophic injuries can receive comprehensive support to aid in their recovery, enhance their quality of life, and address the long-term impact of their injuries effectively.
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- How does the slip and fall team at Gluckstein Personal Injury Lawyers help you after a slip and fall?
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Testimony from certified medical experts can document the extent of your injuries and possible duration of required medical treatment. Physical evidence may help when a favourable settlement cannot be obtained through negotiations with the insurance company and could defer a legal course of action to achieve justice and repayment for your suffering.
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- What are some injuries resulting from a slip and fall where you can secure compensation for pain, suffering and related expenses?
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Our team of lawyers can help you secure compensation for pain, suffering, and expense related to afflictions from a slip or fall accident, including:
- Broken or fractured bones;
- Damage to internal organs;
- Internal bleeding;
- Deep puncture wounds;
- Dislocated bones;
- Head trauma.
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- Broken or fractured bones;
- What law governs slip and falls in Ontario?
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In Ontario, there is a special set of rules that govern liability for property owners who invite others onto their land. The Occupier’s Liability Act mandates that the occupier of a premises owes a duty of care to ensure that the property is reasonably safe for those who enter. This duty includes slips and falls that result from poor care of the premises but may also extend to other injuries that occur on the premises.
The full compensation of any and all medical expenses caused by the accident is the first and foremost goal of our local slip and fall lawyers. Tremendous medical, personal, and legal expense can develop in the aftermath of a tripping or falling incident, and reimbursement for those expenses and your pain and suffering is possible.
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- How long do you have to seek compensation after a slip, trip or fall?
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The general time limit to file a suit for this kind of personal injury is two years. However, recent legislation has significantly shortened the amount of time you have to file a civil lawsuit for certain kinds of incident.
Bill 118 reduced the effective filing deadline for slip and falls caused by icy conditions to only 60 days from the date of injury. Specifically, the prospective plaintiffs have 60 days to notify defendants of their intent to file a claim.
Furthermore, anyone who wants to file a slip, trip or fall case of any kind against a municipal authority has only 10 days to provide notice of their intent to sue to the appropriate agency. It is crucial to contact a personal injury lawyer as soon as possible to get your case started.
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Slip and Falls Testimonials.
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Annie Liu
"We are so very lucky to have met this team! We sincerely recommend Jane Lou and Gluckstein Lawyers!"
Slip and Falls Legal Team.
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