You've been injured in a 'Slip and Fall' - Now What?
Slip and Fall Accidents
If you slipped, tripped or fell and was injured as a result, you may be entitled to compensation for general damages such as pain and suffering, loss of income and ability to earn income, home maintenance and housekeeping and health care expenses not covered by the Ontario Health Insurance Plan (OHIP). You can make these claims from the party responsible for your accident.
Slip and fall accidents are the most common premises for liability claims. According to Ontario law, it is the responsibility of the store, business, or private property owner to ensure the safety of anyone who enters their premises. Even municipalities and cities can be held accountable if your slip and fall accident happened in a public area or what is considered municipal property because the law also states that they are responsible for the upkeep of public walkways.
Types of injuries that can be incurred in a slip and fall accident are bruises, cuts, loss of blood, broken bones, musculoskeletal injuries, back injuries, concussion and even death. These injuries are commonly caused by slipping or falling in the ice and snow, slippery or sticky floors, uneven surfaces, unmarked step-downs, floor or stairway defects and inadequate lighting, among other reasons.
Slip and fall accidents can occur anywhere such as in restaurants, grocery stores, night clubs and bars, shopping centres and malls, retail stores, golf courses, theme parks, street or road, park or playground, sidewalk, airport terminal, construction zone or even in homes.
Whether you slipped, tripped or fell, this will be termed slip and fall accident and the injuries that you incur will form the basis for a personal injury claim which you need to file within the prescribed time. Ontario law dictates that any slip and fall claim must be filed within two years of the accident. However, you should not be complacent because prescribed times will depend on where and when you were injured. In some cases, you will only have seven days to notify the at-fault party that you intend to file a claim. If the area where you had your slip and fall accident is under the jurisdiction of the municipality, you have seven days to notify the municipality of the accident otherwise you will not be able to file a claim against them.
Your claim will also depend on where the slip and fall accident happened and how it happened. A lawsuit for slip and fall case must be able to prove negligence on the part of the property owner for allowing a hazardous condition wherein there’s a potential for injury to occur. A slip and fall case in Ontario is another term for a slip and fall insurance claim.
Contributory negligence means that you contributed to your injury by not properly looking out for your own safety such as not wearing the proper footwear, or not paying attention, among others. If you are cited for contributory negligence, you are still entitled to receive compensation, however, the amount of compensation will be reduced in accordance with the degree to which you contributed to the accident.
If you are involved in a slip and fall accident, it will be to your best advantage if you immediately seek the advice of a lawyer who has extensive experience in this field. Liability claims can be very complex and if you or your loved one have been injured, it will not be easy to have a clear head which will be needed to sort out your case on your own.. The lawyer will also be able to determine all compensation to which you are entitled as a result of the slip and fall accident.
It is best to seek legal advice immediately after your slip and fall accident because physical evidence to support your claim may change quickly. You may have to provide notice of the accident to the at fault party within a very short period of time. For example, if you slipped on ice, this could soon melt away. Also, business owners may attempt to remedy unsafe premise issues after your accident. It is recommended to take photos of unsafe circumstances that led to your fall. At Deutschmann Law, we can help ensure you get the full compensation you deserve after being injured in a slip and fall or trip and fall accident.