Slip and Fall Accident Lawyers

Liability arising from a slip and fall accident

Slip and fall accidents are unique in nature as the duty of care arises from the Occupier’s Liability Act, as well as the legal principles in common law and the tort of negligence. Generally, an occupier must keep the premises reasonably safe for visitors, and anyone who foreseeably has permission to use the property. Slip and fall cases commonly arise when owners and/or occupiers leave their property in a state of disrepair, or when hazards are present. Also, claims may arise where lighting is not adequate for the area in question, or when changes in elevation are not properly marked for safety.

In addition, seasonal hazards such as accumulation of ice and snow, excess water, and foliage, can cause very dangerous conditions in which the occupier or owner may not properly maintain.

Occupier’s Liability Act in Ontario

Occupier’s liability refers to the duties that an occupier owes to individuals who enter their premises. Ontario’s Occupier’s Liability Act is the law that governs this area. An occupier is defined in the Act as a person who is either in physical possession of a premises, or a person who has responsibility for and control over the condition of a premises or the activities there carried on, or control over persons allowed to enter the premises, despite the fact that there is more than one occupier of the same premises.

Getting injured in a slip and fall accident can be devastating, causing many different injuries to virtually any part of your body. One of the most common and potentially debilitating injuries caused by a slip and fall is a spinal cord injury. Most often it is the case that a person slips and falls on a hidden hazard, ice, snow, uneven sidewalk, pot hole, or wet floor. These injuries may be considered catastrophic by the insurance company. Even if your symptoms are mild or moderate, it is important to contact a personal injury lawyer, as commonly these symptoms may become severe depending on the extent of the damage to the spinal cord and back area that is affected. At times, there are only external signs of the trauma like bruising, however severe damage may result from the spinal cord having forcefully been hit by the impact of the fall. Bruising, bleeding and swelling, disc bulges, or herniated discs may result if proper medical attention is not given to these types of injuries.

If you have been hurt in any slip and fall accident, call one of our experienced slip and fall lawyers at Scardicchio Law Office Professional Corporation today for your free, no-obligation case analysis. Our team of dedicated personal injury lawyers have the skill and experience to properly protect your rights and ensure you receive maximum compensation for damages, if you have been injured.

Common types of slip and fall injuries

Pot holes are the most common type of ‘hidden hazards’ in slip and fall accidents. However, there are other types of hidden hazards, such as poor or no lighting; foreign objects in a walking path; power or electrical cord lines; fallen wires; missing stairway steps or hand rails; wet floors; low-hanging branches; and, snow and ice.

If you have been injured by a hidden hazard, you should immediately report the accident at the time, as well as list any witnesses, the condition that caused the fall, along with any other relevant information such as lighting or weather. It is prudent and beneficial to report your accident to a business, if this is where your fall occurred, although it is not mandated by law. If it is possible, taking photos of the physical area where the accident occurred is recommended. If you were physically injured, it is important to have a medical practitioner assess you to help substantiate your claim. A delay in seeking treatment is generally not recommended for various reasons.

Slips on Ice, Snow and water

Living in our northern climate, we experience harsh winters and must battle the elements throughout the seasons. An occupier still has a duty of care to those using their property, and this includes clearing and maintaining snow and ice build-up on certain areas of their property where it is reasonable foreseeable that use and permission is given. Many slip and fall accidents occur when an occupier negligently leaves a dangerous path covered in ice and/or snow. Slip and fall cases on snow and/or ice become complex where an occupier contracts with a third-party to remove and/or maintain designated pathways and parking lots on their behalf. These claims are vigorously defended by both parties, as they point the finger at each other when determining who bears the responsibility, leaving the plaintiff with no recourse unless a claim is issued and vigorously pursued in the courts by an experience personal injury litigation lawyer.

Uneven Pavement and sidewalks

In many circumstances, an occupier responsible for maintaining publicly used areas of their property is negligent in inspecting and repairing pathways that develop a trip ledge. Commonly, municipalities who are responsible for sidewalks and other public paths are found by the courts to be negligent in maintaining a system of inspection, keeping appropriate records, and ultimately maintaining a good state of repair of these paths. Trip ledges are extremely dangerous, as it is natural to walk with our eyes looking at the horizon rather than staring at our feet every step. There are standards that the courts expect the municipality to meet in maintaining the pathways and sidewalks, and only an experience slip and fall lawyer will be able to assess your particular case and determine compliance issues.  If you fall on a City property, you must notify the city within 10-days, otherwise your claim is statute barred.