SLIP AND FALL
Most slip and falls in Ontario are governed by the Occupiers’ Liability Act. This act states that the owners of property are obligated to ensure that persons are reasonably safe while on their premises. If you had a slip and fall due to the negligence of another party, you may be entitled to compensation. Here are certain examples of this negligence, although this list is not exhaustive and a slip and fall could be caused by a virtually unlimited number of scenarios:
- Wet floor
- Uneven or damaged floor (cracks in a parking lot or uneven sidewalk)
- Unsafe lighting
- Dangerous items left in a walkway or isle
- Dangerous staircases with broken steps or missing handrails
- Ice and snow which has not been cleared
You may be entitled to a settlement for pain and suffering, medical rehabilitation, housekeeping or personal care needs, income loss as well as any other losses you have suffered due to the injury. It is the job of a personal injury lawyer to determine whether your fall occurred due unsafe or dangerous premises which should have been maintained by the party in question.
AT THE SCENE OF THE ACCIDENT
If you have suffered a slip and fall, make sure you:
- Report the accident to the store or location manager and have them fill out an accident report. Ask for a copy of the report or take down the name and phone number of the manager.
- Take a picture of the area in question.
- When you get home, write down the time, date and location of your fall as well as the footwear you were wearing at the time of the injury. Write down a short version of the facts when they are fresh in your memory.
- DO NOT talk to anyone from the insurance company and DO NOT sign any statements until you have had the opportunity to consult with an injury lawyer.
NOTICES AND LIMITATIONS
Generally speaking, Ontario law provides that you have two years from the date of the accident to issue a lawsuit for your personal injury. However, certain circumstances can have far more stringent requirements. For example, if you had an injury on property which belongs to the city such as a sidewalk, you may only have up to 10 days to report the injury. Make sure you contact a personal injury lawyer as quickly as possible so that this notice requirement can be met.
If you sustained an injury due to a slip and fall, contact us immediately at 1-855 448 4277 for a free consultation.