What you need to know about slip and fall injuries - Diamond and Diamond Lawyers
  • Monday, 12 March 2018

What you need to know about slip and fall injuries

#AskKevinButler

The snow and ice of winter might finally be over, but the risk of becoming the victim of a slip and fall accident remains. In fact, the nicer weather that encourages people to get outdoors and walk instead of taking the family car or public transportation increases the likelihood of slipping and falling. Falling and being injured is such a frequent occurrence that everyone needs to know what to do if they are injured.

What is a slip and fall accident?

Tripping and falling is such a common occurrence that people might think there is nothing they can do about it if they suffer a serious injury. When lawyers speak about slip and fall accidents, they are referring to incidents occurring because of some type of hazard or defect that causes someone to lose his or her balance and fall to the ground.

Hazardous conditions might include the following:

  • Broken or uneven sidewalks
  • Potholes in parking lots
  • Uneven steps
  • Water, debris, or other substances on a floor
  • Inadequate lighting in stairwells or outdoor areas making it difficult to see
  • Broken or loose handrails
  • Snow or ice

The backyard of someone’s home can be the site of multiple hazards, including:

  • Garden hoses left where people walk
  • Wires and extension cords across pathways
  • Toys and garden tools left on the ground where people walk
  • Holes or depressions in lawn areas
  • Slippery surfaces around pool areas

Any condition that property owners know or should know could be hazardous to people walking in the area could make them liable in the event a person is injured in a fall.

Types of injuries frequently suffered in a slip and fall

One of the most common types of injuries suffered in a slip and fall accident is a soft tissue injury. Soft tissue injuries refer to injuries to tendons, ligaments and muscles. They may include ankle, wrist or knee sprains and can cause pain, discomfort and limitation of motion in the affected area. These injuries can be difficult to prove because they may not show up on X-rays or other forms of diagnostic imaging.

Head injuries are another common complaint from people following slip and fall accidents. The extent of the injury could range from a minor concussion to a serious traumatic brain injury. The danger presented by an injury to the head is that a victim might not realize the damage caused by the fall for several hours following the accident.

Individuals who fall and strike their heads should go to their doctor for an evaluation. The fact you might feel alright immediately following the accident does not mean you should ignore it. Traumatic brain injuries can cause long-term disability and even death.

Other injuries associated with slip and fall accidents include the following:

Anyone involved in a slip and fall incident should be evaluated by a doctor to determine the extent of any injuries.

Liability for slip and fall injuries

The Ontario Occupiers’ Liability Act makes anyone in physical possession of the premises where a slip and fall accident occurs responsible for ensuring the safety of anyone lawfully using the premises. A retail store in which a customer slips on a substance employees failed to clean from the floor following a spill could be liable for the payment of compensation to the injured customer under the provincial law.

Ontario personal injury lawyers

If you are injured in a slip and fall accident, the personal injury lawyers at Diamond and Diamond have years of experience successfully handling compensation claims for people injured through the negligence of the owners and occupiers of stores, offices, homes and other premises. Call their 24/7 injury hotline at 1-800-567-HURT or visit their website to speak to someone now. They offer free consultations and case evaluations to injured victims throughout Ontario.

FAQ

What is premises liability in slip and fall accidents?

As the owner of any establishment/premises, you need to ensure that your premises are safe from danger. Walkways, stairs, and driveways should be reasonably safe for people who work or occupy your building or establishment. Premises liability holds the owner liable for any untoward incidents within the premises, including slips, trips, and falls. The owner must see to it that the area is free of safety hazards. If an injury occurs due to a reasonably unsafe place, the owner will face legal liability. They need to compensate for the damages or injury acquired by tenants, workers, or clients.

Who is liable if a slip and fall accident happened in a rental property?

Under premises liability, the owner is generally responsible for the safety of the tenants in a rental property. The owner will be legally accountable for any damage or injury caused by unsafe conditions in the area. However, there are some conditions and exceptions to this liability. If the site is proven to be reasonably secure and the victim behaved unsafely, the owner is free from liability. The occupants of the property will be liable if they are negligent of the safety of other occupants in the building.

What type of damages can I recover from slip and fall accidents?

Like any other personal injury case, the compensation for slip and fall injuries depends on the severity of the injury and the losses incurred due to the injury. A victim can claim compensation for medical and rehabilitation expenses. The victim can also claim damage for other things, including pain and suffering, lost wages, productivity loss, inconvenience to family members, psychological effects, and other expenses related to getting medical attention and recovery. With a reliable lawyer, you can get the most compensation for your benefit.

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