Slips & Falls

Who is Responsible?

According to the Ontario Occupier’s Liability Act, an “occupier” of a property is responsible for the injuries someone suffers due to a problem with the condition of the property or an activity carried out on the property. An occupier is a person who is in possession of the property or who has responsibility for and control over the condition of or activities on the property. That occupier have a duty to take reasonable care to ensure that people entering the property are reasonably safe.

Causes of Slips and Falls

A slip or trip and fall accident can occur for any number of reasons, and they’re often the result of a combination of factors. Some of the most frequent causes are:

• Icy or snowy sidewalks
• Slippery floors
• Faulty stairs
• Uneven flooring
• Debris
• Loose carpeting
• Broken railings
• Dim lighting

How to Document a Slip and Fall Accident

Once you’ve sought medical treatment for your injury, take photos of the hazard that caused your fall as soon as possible. If you cannot do so yourself, have someone else take photos. Make a note of the municipal address where you fell or nearest to where you fell. Also, be sure to preserve the shoes, boots or footwear that you were wearing at the time of your fall. If there were any witnesses to the accident, obtain their names, addresses, phone numbers, and observations—specifically their observations about the conditions that caused your fall.

If you’re missing some of this documentation and have no way of getting it, talk to the team at Miskin Law. Our injury lawyers may still be able to help you build a strong case.

Types of Compensation for a Slip or Trip and Fall Claim

Over the years, we’ve secured several types of compensation for victims of slip or trip and fall injuries. Compensation is awarded depending on the specifics of your case, and, while we cannot guarantee a particular outcome, we may be able to obtain compensation for the following:

• Pain and suffering
• Past and future lost wages
• Lost earning capacity
• Past and future medical expenses

Special Considerations for Slips or Trips and Falls

At Miskin Law, we ensure that our clients are aware of special considerations for slips and falls. For instance, if you have slipped and fallen on snow or ice, you must provide notice of your claim to an occupier of the property where you fell within 60 days of your fall. If you have an accident on municipal property, you must give notice of your claim against the municipality within 10 days. You must also be able to prove that a municipality is liable for “gross negligence,” which is a more extreme failure to exercise reasonable care than ordinary negligence. Our personal injury lawyers will help you navigate your way around the particular laws that apply to your situation.