North York Slip and Fall Lawyers
If you or someone you know slips and falls, the priority is likely recovery. You likely do not immediately turn to assign blame. However, if the slip and fall occurred on someone else’s property and they acted negligently, you may be entitled to compensation for your lost wages and medical bills. It is crucial to act quickly in your claim as there are strict deadlines for slip and fall claims. Slip and fall claims are not as straightforward as they may seem. The Insurance companies have their own lawyers, who will defend their client and make a case that your injury was not their fault. The North York personal injury lawyers at Auger Hollingsworth are experienced litigators in slip and fall claims. You can rely on us to build a strong case so that you can maximize your claim.
Negligence of Property Owners
Property owners are legally required to provide a safe and secure environment for all visitors and other users. Properties must be free of tripping hazards, well it, and abide by all building codes. The Occupier’s liability laws outline that the owners or property managers must take “reasonable precautions” to ensure your safety. For example, many stores use “wet floor” signs as a precaution to warn patrons. However, it is a common misconception that you cannot make a legal claim if there is a sign disclaiming danger. These types of warning signs are only deemed “reasonable” to a certain degree. If you are injured on someone else’s property, you may be able to make a claim.
Property owners or managers are often the main defendants in slip and fall cases. However, other individuals can also be negligent. According to the Ontario Negligence Act, any individual whose fault or negligence contributed to your accident is jointly and severally liable. These individuals can also be named in the lawsuit. You may be deemed partially responsible for the slip and fall incident in some instances. For example, if you failed to take reasonable precautions such as wearing appropriate footwear and slipped as a result, you may be partially responsible. This is known as contributory negligence and can be deducted from your settlement. However, do not assume your claim is completely sunk if this is the case. Speaking with a North York slip and fall lawyer can help answer your questions about negligence for your case.
Causes of Slip and Falls
Especially with cold and icy Ontario winters, slip and falls are an extremely common occurrence. They can happen for a variety of reasons, however, the most common is the result of poorly maintained property. If a property owner failed to keep their property reasonably safe, whether it be failing to ice/salt a walkway or fix a broken railing on a staircase, you might be able to make a slip and fall claim. Here are some other common causes of slip and falls in North York:
- Cracked, defective, or broken sidewalks or pavement
- Potholes in parking lots
- Broken or missing stairs
- Loose or broken floorboards
- Cracked tiles
- Torn carpeting
- Ripped linoleum
- Cluttered walking spaces, including blocked or impeded hallways, sidewalks, and pathways
- Poor lighting
- Inadequate handrails
- Icy or snowy sidewalks
- Wet or otherwise slippery floors without proper warning
- Unsafe property design, including failure to abide by building codes
Common types of Injuries from Slip and Falls
Slipping and falling can cause significant injuries. In addition to being quite painful, these injuries can require expensive treatments and long periods off work. You may not be able to care for your children or complete chores around the house. The financial burden of a serious slip and fall injury can quickly add up. Although these are extreme cases, they do happen quite frequently. Here are some examples of the most prominent slip and fall injuries:
- Broken or fractured bones, including a broken or fractured hip
- Back and spine injuries
- Sprains, bruises, tears, and other soft tissue damage
- Cuts and abrasions
- Head injuries such as concussions or traumatic brain injury
If you were injured in a slip and fall, it is important to get assessed by medical professionals and follow their advice. They will document your injuries, which we can use while building your case.
What Damages Can I Claim?
The two major damages you can claim are economic and non-pecuniary damages. Economic damages cover the financial losses from your injury, this can include:
- All medical expenses, including emergency care, surgery, medication, etc.
- Costs of physiotherapy if required
- Costs of attendant care if necessary
- Loss of past and future wages (if you cannot go to work or have to change your career because of your accident)
Non-pecuniary damages include the non-tangibles such as pain and suffering, emotional distress, and loss of companionship. In Ontario, non-pecuniary damages have a cap of about $400,000, whereas economic damages have no cap. For most claims, we do not need to go to court. Our lawyers know how to negotiate with insurance companies to get you the maximum compensation possible.
If the case does go to trial, a judge will consider if the danger was foreseeable, if the occupier maintained the property properly, the extent of the injuries, and other factors.
In this second part of a 3-part interview personal injury lawyer Brenda Hollingsworth describes what steps to take after an Ontario motor vehicle accident.
Get a FREE assessment from us here https://www.personalinjuryottawa.ca
Are you looking for expert advice after an accident? The smartest step you can take after any accident is to connect with a personal injury lawyer for a FREE consultation.
In Ontario, Canada, Personal injury lawyers Brenda Hollingsworth and Richard Auger with their team of experienced lawyers offer FREE, no-pressure, advice about your rights and entitlements when you have been hurt.
For more information on whether you have a claim for car accidents, motorcycle accidents, bicycle accidents, any other road accidents, accidents at work, slips and falls, etc, go to https://www.personalinjuryottawa.ca
The interview also discusses what information you should collect at the accident scene before you leave. Get the other driver’s name, address and driver’s license. Wait for the police if they have been called.
It is also important to get medical attention as quickly as possible. It is easier to prove your injury was caused by the accident if you see a medical doctor as soon as possible after the accident.
Statute of Limitations for Slip and Falls in Ontario
Ontario has tight limitation deadlines when it comes to premises liability claims. Generally, you have two years from the date of your accident to take legal action against the responsible party. However, if you were injured on government or city-owned property, you may have to file a Notice of Claim in as few as ten days post-accident. Failing to file the Notice of Claims within ten days can complicate your ability to make a claim. Under a new law passed in December 2020, special treatment is given to slips and fall injuries that result from icy conditions. Injured parties only have 60 days from the date of injury to file a claim. You should speak with a North York slip and fall lawyer to avoid missing any other important dates.
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Contact our North York Slip and Fall Lawyers Today
If you slipped and fell on someone else’s property due to their negligence in keeping the area safe, you should not have to bear the impact. The physical, mental, and financial toll of a slip and fall injury can be massive. While nothing can completely repay you for the trauma of your injury, the at-fault party should be held accountable for their negligence. Being represented by top North York slip and fall lawyers can help you get the most for your claim. However, make sure you do not delay, as many slip and fall injuries have short deadlines. Call Auger Hollingsworth for a free slip and fall case evaluation!
Slip and Fall FAQs
Slip and fall injuries are among the most common types of personal injury claims in Ontario.
Even cases of slip and fall accidents that appear simple and straightforward can become complex with long investigations, difficulties with proof of liability, negotiation with insurance companies, and so on.
Following are the most common questions that our slip and fall injury lawyers are asked about with these claims.
A slip and fall claim is made when an individual seeks compensation after suffering an injury from an accident where they slipped (or tripped).
The accident may have occurred on any type of property – residential, public or commercial – and the property owner or occupier may be held liable if found to be negligent.
Property owners have a duty of care to visitors, guests, customers, and so on. If this duty of care is breached, it may create a hazardous situation that can lead to falls and injuries.
After a slip and fall accident, seeking legal redress will not typically be the first thing on your mind.
Try to follow these steps if you have been injured in a slip and fall accident in Ontario:
- Take relevant pictures and video footage at the scene of the accident using your phone: if possible, show the conditions/cause of the accident, e.g., the condition of the stairs, floor, lighting, sidewalk, driveway, parking lot or wherever you fell, and the weather conditions if applicable.
- Seek an immediate medical examination: either at a hospital (if emergency care is needed), a walk-in clinic or from your doctor. Your injuries must be assessed professionally, treated, and documented as a priority.
- Follow all medical advice to the letter: if you are advised to stay off work and rest – stay off work and rest!
- Report the incident to the property owner or manager: whether the accident occurred in a home, business or office, make a report to the property owner or manager and ensure it is acknowledged – get a copy of the report and their contact details.
- Make notes about what happened: write down everything you can remember while the information is still fresh in your mind. Focus on the time, location, and how your injury occurred.
- Check security cameras and ask for a copy of the footage: with so many security cameras around now, it is possible that your accident was caught on camera. Check the footage and ask for a copy of it.
- Speak to witnesses: ask for their names and contact details and check if they have pictures or videos that may be useful for your case.
- Keep your footwear: you may need to prove what footwear you were wearing so make sure you do not throw it away. Take pictures of it even if it is ruined.
- Retain any broken property: if you smashed your glasses, phone, watch or any other item, keep it and photograph it as it may be used as evidence.
- Photograph the progress of your injuries: track and record the progress of injuries as they may worsen.
Many of the above steps can be handled by your slip and fall injury lawyer at Auger Hollingsworth.
It’s best to contact a qualified and experienced lawyer as soon as possible after your accident as this will allow you to focus on recovery while the legal work is done for you.
Ontario imposes a two-year statute of limitations on most slip and fall injury claims. That means you generally have two years from the date of your accident to file a lawsuit against the at-fault party.
However, if you slip and fall on snow and ice and intend to sue, you need to inform all of the proper parties within 60 days.
In rare cases, where an injury is not identified until later or there are other extenuating circumstances, it may be possible to extend the statute of limitations.
There is no defined limit, calculator, or table to work from when calculating slip and fall accident injury claims.
Every claim is treated according to the unique circumstances. That’s why it’s important to go over your case in detail with an experienced slip and fall lawyer, who can assess your situation and help you determine how much compensation should be paid to you.
A slip and fall lawyer at Auger Hollingsworth will be able to estimate compensation based on the facts of the case and, if necessary, an investigation and expert medical opinion.
Compensation may include the following:
- Out of pocket medical expenses e.g., emergency care, hospital visits, medication, etc.
- Future medical expenses, e.g., if rehabilitation or physiotherapy is needed
- Expenses that would not have occurred but for the accident, e.g., damaged property
- Pain and suffering (“general damages”)
- Lost wages (past loss of income)
- Future loss of income
If your injuries are severe enough to keep you off work and involve a long period of recovery, the claim is likely to be significantly more than if you can return to work relatively quickly.
Sometimes, with the most serious injuries (like spinal or brain injuries), a return to the same career as before the accident is impossible for the victim – and this will be taken into account when damages are awarded.
In such cases, occupational therapists may be called in to assess future medical needs and actuaries or accountants will need to calculate future losses. We will be as precise and thorough as possible with your claim.
This is a difficult question to answer. It will depend on your relationship with the property owner or occupier and the specific circumstances of the accident.
Legally, if the property owner was negligent and you suffered injuries as a result, you have the same right to file a claim as against any negligent party.
Whether you do so may depend on the extent of your injuries and how well you know the at-fault party. It’s much more difficult to file a lawsuit against someone you are friendly with than a business owner who you’ve never met, for instance.
You can discuss the circumstances of your accident with one of our slip and fall lawyers, who will outline your legal options.
A slip and fall accident can have a range of injuries from minor to serious. Either way, a fall can severely impact the way you go about living your day-to-day life while trying to recover. However, is it practical for all slip and fall victims to seek compensation for your injuries?
Not every time you slip and fall is there a claim. However, if you can prove there was negligence by someone in control of the property where you fell, you may have a claim. For the most part, if the injuries and discomfort are minor and completely disappear within a few days to three weeks you may not want to follow through with a claim. However, if your pain persists for more than a month you may have a valid claim. The injury lawyers at Brenda Hollingsworth’s office can provide you with a free consultation to explain your rights and current situation.
Lianne Laing and Brenda Hollingsworth answer a caller’s question on CTV Morning Live about suing for an Ontario slip and fall accident and what the best course of action is depending on the severity of the injuries.
During these snowy and slippery Ottawa winter days, it is common for many of us to lose our balance and maybe suffer a fall. Most of the time such situations don’t involve other individuals or fault of any kind, but on occasion, a fall can be attributed to someone’s action, or inaction. Legally speaking, a slip and fall case is one where an individual is injured after a “slip and fall” which was due to the intent or negligence of another person. An individual who suffers this kind of injury may be entitled to compensation.
A slip and fall can occur on private, public, or commercial property. If you have suffered an injury due to a neighbour’s icy driveway, the parking lot at work, or the pavement outside of a restaurant, it is possible that you have a slip and fall case that can be legally pursued. Commercial property owners in particular have a responsibility to keep their properties safe for the public. If a property owner fails to maintain safe conditions outside his or her establishment, they can be held responsible for compensating those injured due to their negligence. If you think you may have a slip and fall case, the first thing to do is to contact a personal injury lawyer who can help you identify the key aspects of your case and can help you determine if your situation can be legally pursued. Your lawyer will collect evidence, speak to the property owner, and possibly interview witnesses of the event, which will help to strengthen your case.
Walking in Ottawa can be a dangerous endeavor during the winter, especially since we can sometimes get rain, snow, hail and extreme temperatures during our winter months. These weather factors can create the ideal conditions for a slip and fall so be careful when you’re out walking your dog, pushing a stroller or meeting friends outside a cafe. In the event that you suffer a slip and fall, think about contacting a lawyer and finding out if you may be entitled to financial compensation.
During the winter after an ice storm, or rapid temperature drop, slip and fall accidents are a common occurrence. However, a question that arises is how to properly go about reporting the accident when it is on municipal property.
When an Ottawa slip and fall accident occurs on municipal property you have 2 years to file a claim. However, there can be shorter notice periods. You need to file a notice with the municipality indicating you were hurt and that there is a possibility of a claim. You should do this before anything else.
Watch as Lianne Laing and Brenda Hollingsworth answer a caller’s question about a slip and fall accident on municipal property and the right course of action to take on CTV Morning Live.
A fractured pelvis is very debilitating. Because the pelvis houses so many internal organs, pelvic fractures can result in significant internal bleeding. The pelvis is also vital in daily activities such as walking, running and biking, but when it is fractured, mobility is severely limited.
For the elderly, the most common cause of a pelvic fracture is a slip and fall. For younger folks, the pelvis must be directly impacted by a strong force in order to fracture. Car and motorcycle accidents are leading causes of pelvic fractures because there is such a strong force created when two cars collide at high speeds.
The pelvis is composed of three bones that are connected at the base of the spine by connective tissue. The pelvis is the structure that connects the lower body to the legs.
If you have suffered a pelvic fracture in an accident caused by someone’s negligence, you may have a serious claim for damages. Contact a personal injury lawyer for more information about your claim.
If you file a claim against a negligent party for a slip and fall injury, the settlement can take weeks, months or years.
It depends on many factors, such as the extent of your injuries, the difficulties with proving fault, the complexity of the investigations, the size of the potential claim, whether the claim is contested, and so on.
Slip and fall accident victims often find that the insurance company of the at-fault party approaches them early on for a quick settlement. However, this may not be in their best interests.
If this happens to you, don’t sign any paperwork until you have had a personal injury lawyer review the offer. Once you sign the settlement, you will waive your right to legal action.
Allowing an experienced lawyer to handle the communications with the insurance company might not be the quickest option but it is more likely to result in you receiving fair compensation for your injuries.
If you have sustained injuries from a slip and fall accident in Ontario, start by discussing your case during a free case evaluation with a personal injury lawyer at Auger Hollingsworth.