Things To Consider About Slip And Fall Accidents On Sidewalks

There are quite a few things that you might want to take into account when it comes to slip and fall accidents. There are different types of those as well as different locations on which they might take place. With this in mind, it goes without saying that public sidewalks during the winter are without a doubt amongst the most common causes for slips and falls. This is why they deserve a special place and they need to be properly taken into account.

Key considerations about Occupier’s Liability Act of Ontario

Generally slip and fall accidents and the liability which is due for them derive from the Occupier’s Liability Act of Ontario from 1990. This particular piece of legislation has quite a lot of regulations but in general it describes the relationship between the owner or occupier of the premise and the one who had incurred damages on it. This raises the question – who is liable in a slip and fall case on public property such as a sidewalk? The question might actually be more complicated than you think.

Municipality

Even though this seems like the most common answer, not all sidewalks are owned by the municipality or at least the latter doesn’t owe the duty of care towards all of them. However, when the sidewalk is property of the municipality, your claim should be addressed towards it. You need to notify the municipality not more than 7 to 14 days (depending on the legislation) about your intent to pursue compensation. After that, you can’t file your claim for another 60 days. This period is given for the municipality to investigate the case and prepare its defense or take actions towards paying the compensation. After the 60 days are due, you got 2 years to file your claim which should be more than enough for you to organize a proper claim.

Private sidewalks

Sidewalks which are in front of stores, malls, parking lots and other commercial facilities are usually placed within the authority of the facility when it comes to cleaning. That’s why it is the store which is responsible for improper conditions on the sidewalk in front of it. This is only logical. However, if that’s the case, you are in front of a regular civil lawsuit against a private entity and you should follow the regular procedure.

The thing that you need to consider is getting the help of a personal injury lawyer. He’s capable of assisting you through this complicated matter and he’s going to get you that compensation that you are otherwise legally entitled to. With all this in mind, you should find someone with the necessary expertise and skill set in this particular area. Most of the personal injury lawyers in Hamilton or in Cambridge understand all aspects of such injuries and can represent on your behalf to help you get justice.

Is Slip and Fall Accidents Regulated Under the Occupiers’ Liability Act of Ontario?

You need to understand that slip and fall accidents are one of the most common causes for personal injury cases in the province of Ontario. This is mainly due to the fact that they are fairly regular and the victims are numerous. Luckily for those, if it could be called luck at all considering the injury that they have had to incur, these accidents are properly regulated and it’s really straightforward to handle a case like this in court.

The legislation which sheds light over the matter is clear, concise and comprehensive and it has been established long time ago without being changed or amended once. This speaks for the stability of the regulations which govern this particular type of accidents. Of course, the act in point is the Occupiers’ Liability Act of Ontario.

This particular piece of legislation sets forth clear parameters of the liability carried by the owner of the premise as well as the actual occupier if they are two different entities. Pay attention that they are referred to as entities because the occupier could be a judicial body and not a person in which case the former would be thoroughly liable and it would be represented by its manager or by its owner.

However, it’s worth noting that there are some extents to the liability of the owner and this is when he has rented out the premise. This is the most common case when you’ve bought a commercial building and you rent out different commercial stores located inside the building. The ones you rent them to are going to be liable if the slip and fall takes place in their shops but if the person slips and falls on the common parts of the building you are going to be the one who’s going to be liable for the damages that he has incurred. Thus, ensure that safety procedures are always maintained. This is an important part of ensuring there are no chances of injury.

Causes for accidents

There is a wide range of potential causes for slip and fall accidents. For instance, the most common one of them would be slippery surface resulted from improperly dried cleaning solutions. This is without a doubt the most typical cause for slip and fall. However, it’s important to note that in this particular case, the liability of the owner or the tenant could be properly excluded if there is a sign placed on the floor which warns those who pass by to be very careful. This is a provision which liberates the owner from liability because the logical presumption is that the person who passes is going to be aware of the danger and he’s going to take the necessary precautions, not to damage himself. However, if it does happen, hire a personal injury lawyer in Toronto to assist you with the legal proceedings to get the compensation.

The Most common Injuries sustained in Slip and Fall Accidents

One of the more common personal injury claims that occur throughout Ontario Province result from slip and fall accidents.  This is especially true during wintertime when ice and snow frequently builds up on Brantford, Cambridge, and Hamilton driveways, parking lots, sidewalks, and other public walkways.  While they seem minor in nature compared to other injurious circumstances, people are seriously injured in slip and fall accidents.  In fact, some of these accidents can be permanently disabling and even fatal.

There are a number of different hazards that can result in serious injury such as icy or wet surfaces and poorly maintained flooring.  Sometimes the injuries that are sustained in slip and fall accidents can adversely affect your quality of life.  Needless to say, it is crucial for property owners to keep the inside and outside of their properties as safe as possible.  From a legal standpoint, municipalities and property owners must maintain hazard-free, safe properties. Thus, if you haven’t been doing that, as a property owner, it is time to adhere to the nuances of law.

Common Injuries resulting from Slips and Falls

Among the many injuries that result from slip and fall accidents in Brantford, Cambridge, Hamilton, and other cities in the Greater Toronto Area, head injuries are among the most common.  Falling and hitting your head on the asphalt, cement, or ground can cause a traumatic brain injury.  Injuries of this type can change your life permanently.  Furthermore, many head injuries oftentimes result in long-term recovery and rehabilitation.  There have also been cases where the injury victim developed long-term behavior, memory, mobility, and thinking problems after sustaining a head injury.

Back, neck, and spine injuries (e.g. broken backs, slipped disks, etc.) are also a common result of slip and fall accidents.  Over time, the injured individual may have difficulties returning to their jobs due to chronic pain or the need for surgical procedures.  In many cases, the elderly are more likely to slip and fall.  There injuries are typically more serious than that of a younger person and on some occasion, the person dies from their fall.

Liability in Slip and Fall Accidents

If a person sustains injuries due to negligence, the property owner may be deemed liable.  It is their responsibility to keep all commercial spaces (i.e. restaurants, retail stores, etc.) safe and free of hazardous conditions at all times.  Broken or uneven flooring, construction hazards, dim lighting, and wet floors can all cause slip and fall injuries.  Consequently, landlords and private property owners must do everything in their power to prevent injuries by keeping their properties safe at all times.

If you or a loved one sustained serious injuries in a slip and fall accident in Brantford, Cambridge, or Hamilton, you should consider contacting an experienced personal injury lawyer to evaluate your claim.  It is the only way to ensure that your rights are protected and gives you a better chance of being compensated for your injuries.

What is the Point of View of Injury Lawyers in Cambridge on Product Liability Cases?

An Injury Lawyer in Cambridge is going to take care of a lot of different cases, considering that the area of personal injury law is incredibly vast. However, the state of Ontario has Provincial laws that differ from the ones set forth by other states and they should be taken into consideration as they are the only ones that have legal effect on society. With this in mind, we recognize several different potential causes for personal injury cases that may require the contracting of an Injury Lawyer in Cambridge.

Product liability

These are cases which derive from defective or all in all faulty product. The responsibility may be carried out by the manufacturer or by the vendor, provided that the latter has purchased the right to sell the product. As per Ontario’s current legislation, this kind of responsibility may derive from both Contractual law and basic negligent behavior.

When it does derive from the Contract Law, the Sale of Goods Act takes effect and the case should be resolved accordingly. The aforementioned act clearly governs that every product should fit the set forth standards and should be fit for general usage. If the product does not meet these criteria the vendor may be hold responsible in the event of an injury as result of the defect.

When the case derives from the negligent behavior of the vendor or manufacturer, respectively, there is also a duty of care involved. This suggests that the selling party should take proper care of the product and if this duty is somewhat breached it could be held liable.

Car accidents

Car accidents are often grounds for insurance disputes and some Injury Lawyers in Cambridge offer representation in front of the insurers. It is important to know that the Rules of Fault Determination take place in the state of Ontario and as per them a certain amount of fault should be assigned to each of the involved in the car crash. The fault is then calculated and the compensations are reduced accordingly. Of course, if the fault is 0% then the victim is entitled to the full amount of the compensation.

Slip and fall accidents

These take place when there is a breach of the Occupier’s Liability Act. The cited legal provision governs that each owner or an entity that is in charge of managing certain property should take the require precautions to prevent any sorts of incidents involving other citizens. Therefore, if you slip and fall on a slipper floor in a shop and the owner or the tenant haven’t placed an alarming sign, you are going to be fully entitled to file a compensatory claim for the injuries that you have had to suffer from. That is because you had no prior knowledge or warning about it and suffered the injuries due to the negligence of others.