Do I Need To Prove a Slip-And-Fall Injury Was Not My Fault? - Diamond and Diamond Lawyers
  • Tuesday, 03 November 2020

Do I Need To Prove a Slip-And-Fall Injury Was Not My Fault?

We’ve all had days where we’re just more clumsy than usual, and unfortunately, slip and fall accidents happen more often than we’d like. If it happens to you, you can file for compensation if the fall results in an injury. Nearly 42,000 Canadians fall victim to the slip and fall accident each year, so there’s undoubtedly a large portion of people who lose time at work due to this.

If you want to claim for your injury and want it to be successful, you’ll need to establish that the event wasn’t your fault but instead caused by another party. So now the question is, how can you prove you’re not at fault for your slip and fall accident?

Negligence in Slip and Fall Cases Under Canada Law

In Ontario, it’s Occupier’s Liability Act states that any person or entity with physical possession, responsibility, or control over a property needs to ensure that people have a reasonable amount of safety while on the premises. 

These include landlords, homeowners, and property managers. This law also clarifies that occupiers must take due care of any guests or visitors. If they fail to ensure this, it equates to negligence on the owner’s part. 

Do You Need to Prove You Weren’t At Fault for the Slip and Fall Injury?

Do You Need to Prove You Were not At Fault for the Slip and Fall Injury

In short, yes, you do. It’s because insurance companies will try to prove that the fall was your fault, or at least mostly due to an error on your account. This could mean that you’re guilty of contributory negligence. If you want to have full compensation for your injury, it’s essential to prove that you’re not to blame.

Proof of Slip and Fall Injury might be a little difficult if it happened in a remote location or if there weren’t any witnesses. Look into whether or not the area was monitored by CCTV cameras, as this could go a long way to Proving Slip and Fall Injury. 

Contributory Negligence in Slip and Fall Cases

Contributory negligence refers to an instance where you added to the severity of your injury in a slip and fall accident, meaning you’re partially responsible. Insurance companies can use this as a rebuttal if you’re not wearing proper footwear despite warnings put in place. Another example could be if you weren’t paying attention when clear instructions told you to be cautious. 

So What Happens If You’re Found to Have Contributed to Your Accident?

You can still get compensation, but only partially. The amount you’re entitled to will get lowered according to the degree or percentage you contributed to the slip and fall accident. 

Proving Slip and Fall Injury Not At Fault can be challenging, but if you’re not wholly to blame, you can still receive what you’re entitled to. 

If you’d like to avoid a similar injury in the future, make sure you stay vigilant when you’re in public and look out for signs indicating slippery floors or uneven surfaces. If areas don’t have proper lighting, watch your footfall and don’t walk too fast. It doesn’t mean you’ll never take another tumble, but taking some precautions could help avoid unnecessary accidents. 

Slip and fall claims can prove tricky – that’s why you should consult with an experienced personal injury lawyer from Diamond & Diamond today.

Talk to a Slip and Fall Injury Lawyer from Diamond & Diamond Now

Talk to a Slip and Fall Injury Lawyer from Diamond & Diamond Now

If you’re having difficulty after an accident and making your case heard seems like an uphill battle, don’t hesitate to get in touch. Getting a successful result from a Slip and Fall Injury Not At Fault case isn’t always easy, and leaving it up to chance might not have a favourable outcome. 

The team at Diamond & Diamond consists of experienced injury lawyers with in-depth knowledge of slip and fall cases. Your case is important to us, and we’ll do everything in our power to get you the highest-value payoff possible. 

If you’d like a free consultation, you can call our 1-800 number or visit any of our offices throughout Ontario. You can also fill in an online contact form on our website, and we’ll get back to you as soon as we can.

Pro Tip:

It would be wise not to post any details about the slip and fall accident on social media because it could harm your case.

FAQs on Do I Need To Prove A Slip and Fall Injury Was Not My Fault?

Are witnesses essential in proving who was at fault in slip and fall accidents?

Witnesses aren’t a necessity, but you should make sure to get their names and contact details if there were any. You can also get a written or recorded account of what they saw. 

Do I need a police report for my slip and fall claim?

Yes, you need to make a police report for your slip and fall claim, but you can also log an incident report with the store manager or property owner. 

What other challenges should I know about when it comes to slip and fall claims?

Keep in mind that insurance companies will do anything they can to avoid paying a claim. Your lawyer might have a difficult battle ahead and sticking to your guns is essential. The opposition lawyers will try to make you the responsible party, but you don’t have anything to worry about if you have the facts on your side.

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