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Slip and Fall Injury Lawyers in Toronto and Hamilton

mop bucket and caution sign preventing slip and fall injuryIf you slip, trip, or fall on someone else’s property and sustain serious injuries, you may be entitled to compensation. It is important to seek the help of a trusted injury lawyer as soon as possible.

There are two main factors in a slip and fall case, negligence (liability) and damages. If you can prove that the property owner was negligent, then the owner may be liable for damages for your injuries, and you may be entitled to compensation. The amount of compensation you are entitled to will depend upon a number of factors such as whether you sustained any broken bones, fractures, required surgery, incurred any additional expenses, lost any income etc.

Your injuries could be the result of a tripping hazard such as a raised sidewalk slab, bunched up entry rug, slippery liquid or substance on the floor, or even by snow or ice in the winter. These tripping hazards in turn could be the result of poor building design, insufficient lighting or a failure to keep the premises clean. In many cases, injuries occur in busy, high traffic areas, such as malls, grocery stores, gyms, sidewalks or streets, though they can also occur in private homes or offices.

Regardless of where the injury occurs, if you or a loved one has been injured in a slip and fall you likely have the following questions:

What should you do after a Slip and Fall Accident?

Should an accident occur it is important to properly document the incident including:

  • Taking pictures of the conditions at time of the accident
  • Taking pictures of any injuries sustained and/or keeping a list of all medical providers consulted and expenses incurred
  • Collecting the names and contact information of any potential witnesses
  • Calling a Slip and Fall Lawyer for legal help

Who is Legally Responsible for Slip and Fall Accidents in Ontario?

Generally, the owner of a property may be held liable for a personal injury accident that happens on their premises. Property owners including homeowners, landlords, business owners, and government agencies have a legal responsibility to keep their property clear of obstacles and potential hazards. It is their responsibility to ensure people are reasonably safe while on their property. This has been codified by the Occupier’s Liability Act, which provides:

“An occupier of premises owes a duty to take such care as in all the circumstances of the case is reasonable to see that persons entering on the premises, and the property brought on the premises by those persons are reasonably safe while on the premises.”
R.S.O. 1990, CHAPTER O.2, 3.(1)

There can be some exceptions such as when the negligent actions of someone else caused your slip and fall. This is why it is best to seek a consultation with an experienced personal injury lawyer. Learn more about Occupier’s Liability in Ontario, Canada.

What Are Common Slip and Fall Injuries?

Some of the most common injuries represented by Slip and Fall lawyers include:

  • Head injuries
  • Hip fractures
  • Back injuries
  • Shoulder injuries
  • Fractured or broken bones
  • Sprains and fractures
  • Soft tissue injuries

Seeking compensation through the legal system with the help of a Slip and Fall lawyer can help cover the financial hardship of these injuries, including lost work time and medical bills.

Where Did Your Slip and Fall Occur?

Property owners have the legal responsibility to keep their premises clear of hazards so that you are reasonably safe while on the premise. Property owners include provincial governments, municipalities, commercial property owners, and private property owners.

Government or City Property

By law, Ontario municipalities are required to keep roads and sidewalks properly cleared and are liable of any injuries caused by improperly maintained roads or walkways. The same holds true for other premises including public transit, airport terminals, and parks. If your injury happened on city or government of Ontario property, it is important to provide notice within 10 days of the incident, or as soon as possible thereafter.

  • For municipal property, written notice should be provided to the clerk’s office.
  • For provincial property, the notification should be provided to the Ontario Attorney General.

Be sure to keep a copy of any notice letters you send along with proof of mailing (i.e. return receipt). Our slip and fall lawyers at Michael’s Firm would be happy to provide this notice for you.

Commercial Property (Restaurants, Bars, Stores)

Commercial properties such as restaurants, bars, and malls are required to keep their property safe and  from any tripping or slipping hazards. Injuries caused by wet floors, uneven flooring, construction work, poor lighting, and other hazardous situations could be cause for legal action.

Private Property

Private property owners have a similar obligation as that of stores and businesses to keep their property safe for friends, family and visitors such as repair people. Essentially, a homeowner is required to make sure their house is reasonably safe for visitors.  In most cases where injury occurs on private property, insurance coverage is available.

Rental Property

In Ontario, landlords are required to keep their property properly maintained and may be legally liable for slip and fall accidents resulting in injury due to hazardous conditions.

How Much Compensation Can I Expect After a Slip and Fall in Ontario?

If you have suffered serious injuries as a result of a slip and fall, you may be entitled to an compensation, sometimes referred to as award of ‘damages’. Settlements for damages may include:

  • Coverage of medical treatment, including past, ongoing and future medical expenses.
  • Pain and suffering damages currently have a cap of approximately $370,000 in Canada.
  • Loss of income is another common inclusion in a personal injury settlement. If you were unable to work after your injury or lost wages, you can be compensated for this.
  • Family members may also receive some compensation if your slip and fall injury caused them to incur expenses or they spent time caring for you.

What Should You Do After a Slip and Fall in Ontario?

Slip and fall cases are some of the most common personal injury civil cases in Canada. Most often, these cases settle before trial, with only a small percentage ending up in Court. If you suffered an injury due to a slip and fall on someone’s property in the Toronto area, you may be able to receive some compensation and you should seek legal counsel from an experienced personal injury lawyer.

Fill out the form on the left side of this page or call our Personal Injury lawyers at 1-647-495-8995 for your confidential slip and fall initial consult. Plus, our Toronto and Hamilton personal injury lawyers only collect fees once they win or settle your case.

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