Who can be held liable for a slip and fall accident?
Slip and fall accidents occur on other people’s property, business property, or even City property.
Liable parties can be private property owners, managers on duty at the time in a business, City departments, or others.
In such cases, the burden of proof of liability lies with the claimant. Under Ontario’s Occupier Liability Act, you must prove that the party or parties:
- Had a duty of care
- Were negligent
- This negligence directly caused your injuries
The slip and fall lawyers at Auger Hollingsworth usually put all parties who could be held responsible on notice before entering a period of discussion and negotiation to determine liability.
Many slip and fall claims are complex. It may not be a simple case of naming one individual responsible for your injuries.
For instance, if you slip and fall in a plaza parking lot and injure yourself, one of the responsible parties may be the occupier of the premises, who had a duty of care to keep the premises clear of ice and snow.
If this occupier hired a property manager to maintain the property and the property manager hired a snow removal company to clear the ice and snow, joint responsibility between several parties may need to be discussed.