Toronto Slip and Fall Accident Lawyers

Toronto Slip and Fall Accident LawyersWhen you or a loved one slips and falls, your immediate reaction is typically to seek medical attention, not to assign blame. But what if the slip and fall injury happened on someone else’s property? Is the property owner liable? Possibly. Depending on the circumstances, the property owner’s negligence may have caused your slip and fall. If that’s the case, you may be entitled to compensation for your medical expenses and lost wages. At Auger Hollingsworth, our skilled Toronto slip and fall accident lawyers can help. With many years of experience representing plaintiffs in slip and fall injury cases, you can rely on us to build and present a strong case on your behalf.

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Causes of Slip and Fall Injuries in Toronto 

Slip and fall injuries can occur due to a variety of reasons, but they are most often the result of poorly maintained property. It is the property owner’s responsibility to ensure that every aspect of their property is safe and well-maintained. If you were injured in a slip and fall accident caused by a property owner’s failure to maintain their property, you may have a Toronto slip, trip, and fall accident lawsuit due to their negligence.

Among the most common causes of Toronto slip and fall injuries are:

  • 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 

While some of the above may seem like minor issues, they can lead to serious injuries such as:

  • 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

In addition to being painful, these injuries may require intense and/or lengthy medical care which can become expensive and may require you to take time off from your job for medical appointments. Depending on your slip and fall injury, you may be unable to work until the injury heals. You could even be left unable to drive or to take care of yourself, your children, or your home. These are worst case scenarios, of course, but they do happen and are proof that any slip and fall injury may be more than a mere inconvenience. The lost time and wages – as well as additional expenses – can take a serious toll on your life and your finances. 

Proving Liability for Toronto Slip and Fall Injuries

A slip and fall injury can happen to anyone, at any time, in any place, such as:

  • Public sidewalks and walkways
  • Public parking lots
  • Public transportation
  • Grocery stores or other retail establishments
  • Commercial property
  • Apartment complexes
  • Residential homes

Regardless of where a slip and fall injury occurs, property owners and other responsible parties have a duty to identify and correct any potential safety hazards. Proving that a property owner ignored a potential or known safety hazard, and that their inaction directly contributed to your slip and fall injury, is crucial to any strong slip and fall lawsuit.  

While the property owner or manager is typically the main focus of a slip and fall accident claim, there are other individuals whose negligence may have contributed to your accident. Under Ontario’s Negligence Act, any individual whose fault or negligence contributed to your slip and fall incident is considered jointly and separately liable. This means they can also be sued for compensation for your injuries. 

Depending on the circumstances of your slip and fall accident, you may also be found partially responsible under Ontario’s Negligence Act. For instance, if you ignored proper warning signs, barriers, and other cautions and suffered an injury as a result, you may be partly responsible for your own accident. This is known as contributory negligence and could result in a deduction from your settlement.

Occupiers’ Liability for Slip and Fall Accidents

Canada’s Occupiers’ Liability laws require the property owner or other person responsible for managing the property to take reasonable precautions to ensure the safety of people on that property. This means displaying “wet floor” or other cautionary signs to warn the public of potential hazards. However, it is important to note that these signs are only partially effective. Simply posting a sign does not mean the property owner or property manager does not bear some negligence under the law. Depending on the full circumstances of your slip and fall accident, you may still have a case. 

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://ahinjurylaw.com/

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://ahinjurylaw.com/

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.

When to File Your Slip and Fall Accident Claim

If you are injured in a slip and fall accident claim, it is important to note that you have a limited period of time in which you must file your claim. In Ontario, you have two years from the time of your slip and fall incident to file your claim. If you do not bring legal action during this time period, you may not be eligible for compensation. 

To determine the claim amount, the amount of your damages and the extent of your injuries will be considered.

 A knowledgeable personal injury attorney can help you negotiate the best settlement or fight for a higher claim amount in court.

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Contact a Reputable Team of Toronto Slip and Fall Lawyers

At the personal injury law firm of Auger Hollingsworth, clients are always our top priority. We have represented plaintiffs in slip and fall cases throughout Toronto and all of Ontario, and we know that every case is unique. We listen to the specifics of your slip and fall accident and then leverage our knowledge and experience to develop an effective legal strategy. We understand that your accident and injuries are painful enough without the stress that a lawsuit can add, so we treat you with the utmost compassion and always have time to answer your questions or address any concerns. Contact us online or give us a call at +1 (613) 233-4529 today to schedule a free, no-commitment assessment of your case by our Toronto slip and fall accident lawyers. 

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.

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