Liability In Slip And Fall Accidents
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Our bitter winter weather reminds us that slip and fall accidents can happen at any time. A fall can cause significant injuries that require extensive medical treatment, physical therapy, and rehabilitation. For some accident victims, a slip and fall can result in life-altering medical conditions. The financial burden, physical pain, and emotional stress caused by a slip and fall accident can be overwhelming.
Property owners are required to take reasonable steps to clear the snow and ice from their property to keep it safe for anyone entering the property. However, the hazards of snow and ice are not the only causes of slip and fall accidents. Property owners must also protect visitors from other slip and fall hazards including:
- Torn carpeting
- Missing handrails and broken steps
- Inadequate lighting
- Potholes or cracks in pavement
- Sudden dips or rises in floor level, uneven flooring, and loose floorboards
- Slippery floors caused by spills or rain
- Cluttered floors or pathways
A slip and fall accident can happen anywhere and to anyone. Some falls result in minor injuries that heal with a few weeks, but some accidents result in more serious injuries including traumatic brain injury, broken bones, and back injuries. If you suffer a slip and fall because of unsafe property conditions, you may have a personal injury claim against the property owner.
When is a Property Owner Liable for A Slip and Fall Injury?
To recover compensation from the property owner in a slip and fall case, you must prove certain elements. By law, a property owner is not responsible for your damages unless you can prove:
- The property owner knew or should have reasonably known about the dangerous condition that existed on the property;
- The property owner failed to take steps to correct the dangerous condition; and,
- You were acting in a manner that is considered reasonable and expected at the time of the fall.
The last element is one that the insurance company for the property owner may try to attack in some cases. If the insurance company can prove that you were acting negligently or recklessly at the time of the fall, it may be able to deny your claim even though the property owner knew about the dangerous condition and did nothing to remedy the hazard. An experienced Ontario slip and fall lawyer can help uncover evidence to prove that you are entitled to compensation for your injuries.
What Should I Do After a Slip and Fall Accident?
The steps you take after a fall can help you prove liability and collect compensation from the property owner.
- See a doctor as soon as possible. If you are not transported to the emergency room, see your family doctor as soon as possible. It is important to your health and your claim to document your injuries.
- Report the slip and fall accident. File a report with the property owner immediately and request a copy of the written report.
- Take pictures and get names. If possible, make pictures of the accident scene at the time of the fall to preserve evidence. Also, ask for the names and contact information of any eyewitnesses.
- Keep detailed notes of your conversations with doctors, lawyers, insurance adjusters, and others.
- Preserve the clothing and shoes you were wearing at the time of the fall. Your lawyer may need these as evidence.
- Contact an experienced Ontario slip and fall lawyer as quickly as possible.
Call Now for A Free Appointment
If you are injured in a slip and fall accident, call Diamond and Diamond at 1-800-567-HURT or visit our website to speak to someone now. Our team of lawyers offers free consultations and case evaluations.