Proving a Slip & Fall Injury Wasn’t Your Fault | Diamond & Diamond Lawyers - Diamond and Diamond Lawyers
  • Thursday, 23 July 2020

Proving a Slip & Fall Injury Wasn’t Your Fault | Diamond & Diamond Lawyers

It’s bad enough to slip and fall and suffer a devastating injury but that situation is further complicated when you discover that the other side is arguing it was your fault you were hurt in the accident to begin with.

Scheduling a consultation with a trusted personal injury lawyer who has extensive experience in slip and fall injuries could make a big difference in the outcome of your case and your ability to move on with your life. For handling slip and fall accidents, schedule a consultation with our Diamond & Diamond lawyers today.

Proving a Slip and Fall Injury Wasn’t Your Fault

Fall Accidents

Slip and fall injuries refer to any injuries sustained as a result of slipping, tripping, or falling. Most people in Canada who are hurt in accidents are injured in slip and fall accidents. It might seem like a minor injury but slipping and falling can lead to broken bones, internal bleeding or more significant injuries.

Liability for Slip and Fall Accidents

Fall Accidents

Understanding the laws that relate to slip and fall accidents can help you understand your rights and responsibilities and ensure that you take the proper action sooner rather than later to protect your right to file. The Ontario Occupiers Liability Act has important implications of pursuing compensation in a slip and fall accident. The basics of this law is that anyone in physical possession of a premise is liable for ensuring the safety of people lawfully present on that premise.

This means that if you are shopping in a grocery store and slip and fall as a result of a spill on the floor that the management failed to clean up, you could hold this company responsible for the injuries you sustained. The key element of a slip and fall accident claim is whether or not a hazardous condition was present. Hazardous conditions can include uneven steps, broken or uneven sidewalks, snow or ice, loose or broken handrails, inadequate lighting, or other substances on a floor.

When you can show that the other party had knowledge or should have known about these instances and failed to warn you about the hazardous conditions or to remove the hazardous conditions from the property, you can use this information in a personal injury claim. Sidewalk slip and fall injuries can also generate compensation for damages. A property owner is liable if a sidewalk on their property was not appropriately maintained. A municipality could even be found liable in a sidewalk slip and fall injury if they were grossly negligent in meeting their responsibility to keep the sidewalk safe.

Liability in Slip and Fall Injuries: Three Things to Consider

An immediate investigation of the slip and fall accident scene is important for anyone who has been hurt in such an accident. Canadian law states that any property owner is liable for damages to slip and fall victims if three elements can be proven.

  • The property owner should have had reasonable knowledge or did have knowledge of the dangerous condition present on the property.
  • The property owner failed to address and correct the situation.
  • The slip and fall victim acted in a manner considered reasonable and expected when a slip and fall injury happened.

One important component of your slip and fall injury claim in Canada is the idea of negligence. This is defined by Canadian law as any contact that creates an objectively unreasonable risk of harm, which can include unintentional and intentional actions in addition to lack of action.

Contributory Negligence: When You are Deemed Partially at Fault

One of the most overwhelming aspects of bringing your personal injury case through court is when the other party claims that you are partially at fault for the accident happening. Ontario law follows the doctrine of contributory negligence. If you are found to be partly at fault for the slip and fall injury, your damages will be reduced according to the estimated percentage of fault. This is why consulting a knowledgeable personal injury lawyer is extremely important when it comes to filing a damage claim for slip and fall injuries.

Don’t let slip and fall injuries bring you down. Talk to a Diamond & Diamond personal injury lawyer to know your rights.

Call a Diamond and Diamond Slip and Fall Injury Lawyer Now

You deserve to have an advocate in your corner who will fight hard on your behalf and protect your right to recover compensation. Diamond & Diamond will negotiate on your behalf, help you file a claim and navigate the process, advise you on all of your legal rights, strategize for you and gather evidence and witnesses for you in your Ontario case.

You deserve to have someone who is invested in the outcome of your case and cares about your personal future. The impact of a slip and fall injury can be substantial.

How to Reach a Diamond & Diamond Slip and Fall Injury Lawyer

You can contact our experienced slip and fall injury lawyers in Ontario by visiting any of our offices, reaching us through our 1-800 number 24/7 or getting a free consultation when you call.

PRO TIP :

If you get hurt on city property, you only have a week’s time to notify the city of your accident.

FAQ’s

How do I know if I was negligent during my slip and fall accident?

If you in some way contributed to the hazardous or unreasonable condition or were inebriated, for example, it could be alleged that you were partially at fault for the accident.

If my slip and fall injury became apparent only after some significant time has elapsed, can I still sue?

You are still eligible to pursue damage compensation if you discover your injuries after the fact. However, it is likely that the other party will allege that you were not seriously injured because you waited for some time to get help.

 I get clumsy sometimes, would that be negligence on my part if I get hurt in a slip and fall accident?

The core component of a slip and fall personal injury case is whether or not the other party was legally responsible for being negligent or reckless on the property.

Take time to consult with an Ontario personal injury lawyer so that you can better understand your rights and how to proceed with a personal injury claim.

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