Do I Have A Slip & Fall Case?

personal injuries from slip and falls, slip, trip and falls

Posted In

Slip & Falls

In Ontario, personal injury cases stemming from slips and falls are common. If the victim of a slip and fall accident is considering legal action, the first thing that they should do is contact a personal injury lawyer in order to ensure steps are taken to preserve evidence such as maintenance records, logs, surveillance tapes, and other critical evidence.

What Constitutes a Slip and Fall Case?

Slip and fall is a literal legal term that refers to someone who is hurt or injured on a property that is owned and/or managed by someone else. The injury must result from a slip, trip or fall, which is usually caused by careless maintenance and can be exacerbated by winter conditions. When accidents lead to pain and suffering, then a personal injury case may be brought against the owner, landlord, property manager or a combination of the three.

Slips and Falls are very common in Ontario and every property owner needs to be aware of the standard of care they must provide and how to protect their property against potential legal issues.

Slip & Fall Law – The Basics

If someone slips, trips or falls on public or private property, they can seek damages from the liable party depending on the accident particulars. The key is proving that the area where the injury occurred was unsafe and/or poorly maintained. This could include:

  • Insufficient lighting
  • Lack of caution or warning signage
  • Ice, snow and black ice
  • Uneven or cracked surfaces
  • Floor or stairway defects

Restaurants, stores, public and private sidewalks and construction zones are common places for people to slip & fall. Of course, accidents can happen anywhere and it’s important for people to be cautious wherever they are, and for both commercial and residential property owners and managers to act prudently and proactively.

Appropriate Notice

Slip and falls victims are required to give notice to a municipality within tens days of injury if it occurred on public property: Pursuant to the municipal act, 2001, section 44(10):

“No action shall be brought for the recovery of damages under subsection 2 unless, within 10 days after the occurrence of the injury, written notice of the claim and of the injury complained of has been served upon or sent by registered mail to the clerk of the municipality.”

The Winter Culprit

The harsh Ontario winter brings its own set of slip and fall opportunities, and subsequently, liabilities. From black ice to reduced visibility, people are even more susceptible to hurting themselves during the winter months. This means that property owners must be even more diligent in their maintenance routine.

Snow, ice, slippery roads and sidewalks create more scenarios where a person could get hurt. Winter conditions don’t discriminate with respect to age and gender. Anyone can hurt themselves unexpectedly due to a property owner failing to meet the standard of care. If you are the victim of a slip and fall during the winter, be sure to take a photo of the area to prove that the property was unsafe. For example, a photo can prove that snow was not removed, and time stamp the accident which can then be used to confirm weather conditions on that date.

Injuries sustained from slips and falls due to winter conditions cost Canada 2.8 billion annually to treat. This has led Canadian scientists to develop a solution, the WinterLab.
The WinterLab allows researchers to simulate harsh winter conditions in an controlled environment to discover how people can avoid injuries like slips and falls.

People should account for winter conditions in order to prevent injuries.

A Property Owner’s Responsibility

The law in Ontario stipulates that all property owners must provide a safe and well maintained space. This law protects the owner and customer, covering everything from icy walkways to electrical work and even more obscure topics like aisle width.

In the event of an slip and fall accident on private property, the property owner (possibly extending to the property manager and/or landlord) could be ordered to compensate the victim for all medical treatments, lost income and pain and suffering.

Contributory negligence can play a role in potentially lowering damages that a victim could receive. If the victim was wearing improper footwear like running shoes in the winter, then it could be deemed that their negligence contributed to the injury. Everyone—property owners, landlords, property managers and visitors—should do their part to create an environment where the potential for a slip or fall is low.

In the aftermath of a personal injury, experiencing any of the above means you could be entitled to compensation for pain and suffering.

Partner with a Personal Injury Lawyer

A personal injury lawyer can help a slip and fall victim understand if they have a case, and guide them through the legal process from filing the claim to negotiating a settlement. By working with the legal team at Mackesy Smye in Hamilton, a victim of a slip and fall accident could find themselves in a strong position to be compensated for any damages suffered due to a property owner who did not meet the standard of care in the circumstances.

Contact us today to discuss your slip and fall case.

Get started today with a free consultation

If you are the victim of a slip, trip & fall, and have been injured, complete our secure online contact form, or call us at 1-855-315-9837 today for a free consultation to review the details of your case.

Related Articles

How to Avoid Slips and Falls this Winter (or any time for that matter).

How to Avoid Slip & Fall Accidents

If you’re injured by a third party, what rights do you have? Can you sue for pain and suffering as you would in an auto accident? It’s different for both off-road vehicles and watercraft. In this article, we explain the differences and also give some great advice for staying safe off-road and on the water.

Read Article
personal injury, slip and falls - determining liability

Slips, Trips & Falls - Who's Responsible?

If you have tripped, slipped, and had a fall on another person’s property, an experienced personal injury attorney can help you seek the compensation you may be entitled to for your pain and suffering and any other damages that you may have suffered, including loss of income. Read this post to learn more.

Read Article
slip and fall personal injury law

Slips & Falls - The Lawsuit and Litigation Process

If you have suffered injuries from a slip or trip and fall, you may be wondering how long it could take to resolve the matter and claim the compensation you may be entitled to. Depending on a range of factors, it can take anywhere from a few months to several years to resolve. Read this article to learn about the lawsuit litigation process, and know what to expect.

Read Article

Slips, Falls and Long-Term Health Consequences

Unfortunately, slips, trips, and falls are one of the most common forms of personal injury in Ontario. This article discusses the prevalence of slips and falls and the long-term health consequences that victims endure due to these accidents. The good news is that Mackesy Smye Lawyers can help.

Read Article
Woman fueling her car - Slip & Falls

Slip & Falls - Foley v Imperial Oil (Occupiers Duty of Care)

In 2011, the British Columbia Court of Appeal considered the fundamental aspects relating to an injury on property.

Read Article
Man Slipped on Wet Floor - Slip & Falls

Slips and Falls - How is Negligence Defined?

Anyone can trip or have a slip and fall accident in the most unlikely of places. This may be because of poor external conditions, poor premises design or maintenance or a variety of other reasons.

Read Article
Templates Library
Loading, Please wait...
The Library cannot be open, please try it again later.
This field is required.
Invalid email format.
Some of the fields are not filled or invalid.
Form Template
Select a Form Template
Available fields in the selected template: