Category: Slip and Fall

Now that winter is upon us, pathways are going to get frozen and this leaves the door open for certain slipping accidents. Even though you might consider them harmless, the truth is that they can cause some tremendously dramatic damage. Spinal cord injuries and traumatic brain injuries do not begin to describe the harm that can be caused out of a slip and fall accident and while they are rather rare, they are a possibility. So, it’s incredibly important to be able to know how to properly react in situations of the kind so that there are no further complications and that the damages are mitigated or at least reduced to the minimum. Without any further ado, let’s take a quick look.

Remain calm and don’t panic

It’s obvious that there aren’t going to be any issues of you aren’t harmed. However, if you feel like you’ve been injured seriously, you need to remain calm. If you feel that certain parts of your bodies can’t move, don’t try and rush them to. Instead, calmly seek help and remain in the same position.

Calling for medical help

If the incident has left you with serious injuries, you need to make sure that you get medical attention as soon as you can. This is going to ensure that you get the necessary attention on time and that the potential medical complications are mitigated or at least severely reduced.

Take photos as evidence

Of course, that’s only possible if you are actually capable of doing so. In any case, if the incident hasn’t been as serious and you are capable of standing up and taking photos, you should do so. This is going to be helpful later on when you seek compensation for your injuries. Keep in mind that this is particularly important and it’s going to ensure that everything is handled perfectly and without any additional complications. Failing to document the place of the incident is going to make it harder for you to get the necessary insurance compensation.

Keep detailed medical records

From the moment of the admission to the moment you are released, you need to make sure that you have all the medical bills, including the ones that you spent on drugs and medication. All of these damages are only recoverable if you manage to prove you actually incurred them. And, in order to do so, you will have to have the documents which attest to the fact that you’ve done them. This is happening through receipts, medical contracts and whatnot. Make sure that you keep those well organized in order to make it easier at the end of the day to get them back.

Additionally, there are plenty of injury lawyers that specialized in handling slip and fall cases and it would help you to consult with them. Not only will they be able to help you with the drafting of the case but filing for compensation will be a breeze.

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.

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.

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.