Understanding the Legalities of Slip and Fall Accidents
Trips or slips and falls are among the leading causes of injury in Canada. Every year people are injured due to ice, wet or slippery surfaces, loose carpeting, improper stairs, poor lighting conditions and more.
Common Causes of Slip and Fall Accidents
Owners and occupiers have a duty to ensure that those entering onto their property are reasonably safe. Some common reasons that they fail to uphold this duty are:
- Ice and snow, which can create slippery conditions if not addressed on a consistent basis.
- Uneven surfaces that are not clearly marked can cause trips and falls.
- A lack of handrails on stairs can cause people to lose their balance.
- Debris and objects left on the ground can cause trips or slips.
- Insufficient lighting in stairwells and parking lots can obscure potential hazards.
- Loose carpets and floors are also a tripping hazard.
Common Injuries from Slip and Fall Accidents
Slips and falls can result in a wide range of injuries, from minor to severe:
- Fractured or broken bones may result from more severe falls. These injuries often require extensive treatment and a long recovery period.
- Herniated discs and spinal cord damage often lead to chronic pain and mobility issues. In severe cases, spinal cord damage can result in partial or complete paralysis.
- Head injuries, ranging from mild concussions to severe traumatic brain injuries, can have long-lasting effects and require comprehensive medical treatment.
- Sprains and strains, which may seems minor, can still lead to serious and permanent pain and impairment.
Determining Liability for Slip and Fall Accidents
Premises liability in Ontario is governed by the Occupiers’ Liability Act. This law holds property owners or occupiers responsible for ensuring that their premises are safe for visitors. This includes maintaining the property, addressing hazards promptly, and warning visitors of potential dangers. If a property owner fails to take these steps and someone is injured, they may be found liable.
Types of Compensation for Slip and Fall Accidents
Victims of slip and fall accidents may be entitled to compensation for the following losses:
- Pain and suffering. The amount awarded depends on the severity of the injuries and how they impact your life.
- Lost wages
- Medical expenses
- Loss of housekeeping capacity
Strict Notice Periods
If you are injured due to a slip and fall on snow or ice, you must provide at least one occupier of the property particulars of your claim in writing within 60 days. If the property owner is a municipality, you must notify the municipality of your intention to sue within 10 days. Other limitations may apply if the property belongs to the Crown. Should you fail to meet these deadlines, you may not be able to recover compensation.
Hire a Personal Injury Lawyer After a Slip and Fall Accident
Miskin Law is here to help you navigate your complex slip or trip and fall case. Our slip and fall lawyers in Ontario leverage over 60 years of combined experience to effectively fight for the compensation you deserve. Simplifying and explaining every step of the legal process is the key to ensuring that you receive the best possible outcome. Contact our national injury law firm toll-free at 877-428-8000 for a complimentary consultation in Peterborough, Lindsay, or Oshawa, Ontario.