Slip and Fall Accidents

Slip and fall accidents are caused by the negligence of others.

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When walking from place to place, one assumes that this basic activity can be done safely. However, in the blink of an eye, someone’s life may be permanently altered by a slip and fall or trip and fall. Numerous potential injuries are associated with these incidents, all of which may lead to a long road to recovery and prevent the victim from living their life as they once did.

In these unfortunate situations, our lawyers can help. At David Hollingsworth Personal Injury Lawyers, we treat these cases with the utmost care and compassion, working to understand the details that lead to this occurrence and building a strong case to ensure fair compensation is received by these victims.

 

What is a Slip and Fall Lawyer?

A slip and fall lawyer specializes in representing individuals who have been injured in these accidents. They have the expertise to handle premises liability cases, which means they understand the legal responsibilities of property owners and managers to keep their premises safe for visitors.

Why You Need a Slip and Fall Lawyer

If you’ve been injured in a slip and fall accident, you may face medical bills, lost wages, and other expenses. A slip and fall lawyer can help you recover compensation for your damages by filing a lawsuit against the responsible party. They can also help you negotiate a settlement with the insurance company, which can save you time and money. You may also be entitled to general damages such as compensation for pain and suffering.

How a Fall Lawyer Can Help You

Our slip and fall lawyers on the David Hollingsworth team are here for you. We can help you with:

  • Investigation: We can conduct a thorough investigation into your accident to determine cause and liability. This investigation may involve using photo evidence, taking measurements, witness statements, and surveillance footage.
  • Notify property owner immediately: There are strict legal requirements to provide written notice of a claim to the property owner. We provide this written notice to the owner right away.
  • Gathering evidence: Other evidence we may gather to support your case includes medical records, accident reports, and expert testimony. We can use these to prove liability and the extent of your damages.
  • Filing a lawsuit: Within two years of the accident, when we are satisfied that you have a viable claim, we will issue a statement of claim on your behalf to pursue your lawsuit.
  • Resolving your claim: We can negotiate with the defendants on your behalf to reach a settlement that fairly compensates you for your injuries and other losses. To do this, we will calculate the full extent of your damages and present this evidence to support the claim. If this is not possible, we will take your case to trial.

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The Responsibility of Property Owners

As personal injury lawyers, we see slip and fall accidents all year round. We understand how frustrating it is when an otherwise preventable injury was suffered on another’s property because a person was negligent in their duty. Sadly, most of these accidents are avoidable.

Many of the slip and fall accident cases are governed by the Occupiers’ Liability Act. Property occupiers must ensure that a premise is reasonably safe for visitors. The onus is on victims to establish there was a preventable hazard onsite that led to their injury. For the average person, this may be tough to prove.

We have a great depth of experience when it comes to advising our clients about whether they have a valid claim. Once we determine a viable claim we proceed to efficiently and effectively access the compensation to which our clients are entitled. Typically, a claim made against a premises is covered by insurance. Our lawyers are experienced in handling these slip and fall accident claims, and we can help you. You owe it to yourself to make sure you hire the best personal injury lawyer after your accident.

Common Causes of Slip and Fall Accidents

A slip occurs when the friction between your foot and the ground is extremely low. As a result, you put your weight down to step, but essentially, there is nothing for your shoe to grip onto. Your foot will slide, and the force will usually result in a fall, throwing your feet out from under you while your upper body is pushed backward.

Many factors can lower the friction on the ground, which might result in slip and fall. Some common causes include:

  • Wet floors or slippery areas
  • Winter conditions such as ice and snow
  • Uneven walking surface
  • Objects or clutter in the way
  • Poor signage or lighting

Increasingly, we see slip and fall accidents happening more in the colder months when it is difficult to maintain safe walkways with wet conditions associated with snow and ice. While salting and shovelling can mitigate these issues, dangerous conditions are still possible.

Symptoms Immediately Following a Slip and Fall

After you have slipped and fallen, you may notice some symptoms right away to indicate serious injuries.

  • While many injuries involve arms, ankles, legs, hips, shoulders and other injured or fractured bones, many victims also experience disorientation, dizziness, loss of consciousness, or feeling nauseous. These can be signs of a concussion or further brain injury.
  • Any numbness felt in your limbs or throughout your body could be a sign of a spinal cord injury as your vertebrae help to operate all parts of your anatomy.
  • Soft tissue injuries affect your muscles and can also be immediately felt.
  • A contortion or twist could cause tears or intense pain in addition to bruising and swelling.

What to Do After You Have Fallen

It is not uncommon to feel confused and concerned after a fall. These incidents may knock the wind out of you, and it could take some time to catch your breath. Once you do, assess your physical state and your surroundings. If you feel unable to get up, don’t force it or have others help you. It could end up causing more damage. Wait for medical professionals to arrive and escort you to the hospital.

If you are able to stand safely, do so. Consider:

  • Taking photos of the area where the accident occurred
  • Talking to anyone who might have seen you fall or is aware of the current slippery state of where you fell.
  • Gathering witness contact information.
  • Doing your best to document the time of day and any other specifics related to what happened. This may include measuring the depth and width of an uneven surface.

Afterwards, ensure you visit the hospital. Even if you feel well enough to go home or continue about your day, your body may be in shock and be masking potential injuries. A trip to the doctor will also help your case down the road should you be interested in filing a fall claim for fair compensation.

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Compensation for Slip and Fall Injuries

In some cases, a slip and fall injury may result in significant inconvenient circumstances that prevent you from performing everyday activities. If you find yourself in these situations, the damage done will likely amount to more than just a bruise that goes away in a few days. This is where it’s important to consult with a fall lawyer. We can help get you the compensation you deserve when it comes to, among other things:

Medical Expenses

If you’ve been injured in a slip and fall accident, you may be entitled to compensation for your medical expenses. This can include the cost of hospitalization, surgery, doctor’s visits, and medication.

Additionally, if your injuries require ongoing treatment, like physiotherapy or other rehabilitative therapy, we can work with medical experts to understand how much this will cost in the future and help you get the fair compensation you deserve.

Lost Wages

If you have to take time off work due to your injuries, you can also get compensation. This can include both past, present, and future wages that you would have earned if you had not been injured. We can help you factor in these losses to determine how much compensation you’re entitled to.

Pain and Suffering

Pain and suffering is a phrase used to describe physical and emotional pain you may experience due to your injuries. In the context of a slip and fall accident, pain and suffering can include compensation up to a certain amount for the following:

  • Physical Pain: Broken bones, sprains, strains, cuts, bruises, and other injuries.
  • Emotional Distress: These accidents can cause significant emotional distress, like anxiety and depression, or even post-traumatic stress disorder (PTSD).
  • Loss of Enjoyment of Life: A situation where your injuries have caused you to lose the ability to enjoy activities you once loved. You may be entitled to compensation for the inability to participate in hobbies, sports, or other everyday activities.
  • Family Law Act Claims: Immediate family members may be entitled to compensation for loss of care, guidance, and companionship as well as any economic losses.

The David Hollingsworth Approach to Slip and Fall Injury Cases

Our personal injury lawyers on the David Hollingsworth team understand how inconvenient and potentially devastating a slip and fall accident can be for fall accident victims. That’s why we take a personalized and compassionate approach to representing our clients in these types of cases. Our goal is to help you recover physically, emotionally, and financially from your injuries.

When you work with us, we will take the following steps to build a strong case on your behalf:

  • Conduct a thorough investigation: We will thoroughly investigate the circumstances surrounding your slip and fall accident from all the gathered evidence. This can include hazardous conditions that may have contributed to the injury. We will look at any photos, surveillance footage, and witness statements to support your claim.
  • Work with healthcare professionals: Our connections with industry-leading healthcare professionals allow us to understand your diagnosis and ensure you receive the proper care and treatment for your injuries. We may also obtain medical records and reports to document the extent of your injuries and the impact they have on your life. It’s important that we know about your circumstances from all angles, so we can protect you and negotiate fair compensation.
  • Build a strong case: We will use all the evidence and information we gather to build a strong claim on your behalf. We will craft a compelling argument that demonstrates the liability of the property owner or at-fault party and the extent of your damages.
  • Negotiate with insurance companies: We have extensive experience dealing with insurance companies and are prepared to advocate for your rights and ensure you receive fair compensation.
  • Provide compassionate representation: No matter the extent of the injury, we understand that it can be difficult to recover while pursuing a legal claim. We provide empathetic representation throughout the legal process. We will keep you informed every step of the way and work tirelessly to ensure you get the compensation you deserve for a successful recovery.

Why Choose David Hollingsworth?

Aside from the compassionate and dedicated service we deliver, here’s what you can expect when you choose David Hollingsworth:

  • Experience: Our team has decades of experience representing clients in slip and fall personal injury cases. We have handled claims from minor injuries to more catastrophic accidents, and we have a proven track record of success in obtaining the compensation our clients deserve.
  • Expertise: Slip and fall cases can be complex, and it takes a skilled and knowledgeable lawyer to navigate the legal system and advocate for your rights. Our team has the expertise and legal knowledge necessary to build a strong case on your behalf.
  • Personalized approaches: We believe that every client deserves special attention and care. That’s why we take the time to get to know you, understand your unique circumstances and needs, and develop a customized legal strategy tailored to your specific case.
  • Communication: We believe that open and honest communication is key to a successful attorney-client relationship. That’s why we make it a priority to keep our clients informed throughout the legal process. We are always available to answer any questions or address concerns.
  • Don’t pay until you get paid: We understand that the cost of legal representation can be a barrier for many people. That’s why we work on a contingency fee basis, meaning you don’t pay us until you get the compensation you deserve.
  • Accessibility: Pursuing a legal claim for your injuries and approaching a personal injury lawyer can be equally intimidating. The law can be complex and confusing, so we’re here to ensure you understand every step we take. We also have a multilingual team to remove language barriers that may stop you from reaching a settlement.

Slip and Fall Injuries: A Case Study

Our lawyers worked closely with a new client, “RM.” Our goal was to ensure that he received fair compensation for his injuries following his slip and fall accident. RM was a 78-year-old man who one day went to a grocery store, where he slipped and fell on a fruit that was on the tile floor. Unfortunately, he had no time to brace for his fall and sustained a concussion and laceration to the back of his head. Fruit on the floor is a frequent cause of slip and fall accidents in grocery stores.

Thankfully, RM recovered from his injuries but continued to have intermittent neck pain and intermittent headaches. Our lawyers were able to negotiate a settlement at a private settlement conference in the amount of $20,000.00. Not all slip and fall accidents are the same, and thankfully, our client didn’t sustain injuries that were permanent and were able to recover. Even though some injuries are as serious as others, compensation is still needed.

We have also represented clients with serious injuries due to an occupier’s liability where the settlement has exceeded $1,000,000. These cases are assessed on an individual basis.

*Please note: Past results are not necessarily indicative of future results and that the amount recovered and other litigation outcomes will vary according to the facts in individual cases.

Our lawyers will travel to your home, hospital, or rehabilitation centre throughout eastern Ontario. You don’t pay until you get paid.

Involved in a Slip and Fall Accident? We’ll Help You Establish the Cause of Your Injury.

Slip and fall accidents should be reported to the occupier and a personal injury lawyer as soon as possible. There is a limited window for filing such cases, and deadlines depend on whether your injury occurred on private or public property. Our lawyers then hire and consult with experts to analyze your injury and the factors that led to it. We must determine:

  • That the probable cause of injury was due to a breach of the occupier’s duty
  • That a hazardous condition existed on the premises
  • That the hazardous condition caused the injury

Slip and Fall Accident on City of Ottawa Property?

The city of Ottawa requires written notice of a potential claim within 10 days of the accident. It’s important that you let our Ottawa injury lawyers know as soon as possible so that we can secure evidence such as taking pictures, getting witness names etc. The condition of the premises must also be investigated for the property occupier’s negligence to be established as set out in the Municipal Act.


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Frequently Asked Questions

A slip and fall accident is a term used for a personal injury case in which a person slips or trips and is injured on someone else's property. These cases usually fall under the broader category of cases known as premises liability claims.

If you have been injured in a slip and fall accident, you may have a claim for compensation if someone else’s negligence caused or contributed to your injuries. In order to determine if you have a slip and fall claim, you should consider the following:

  1. Did someone else cause or contribute to your accident? If the answer is yes, you may have a case. For example, if a property owner failed to maintain their sidewalk, which caused you to slip and fall, you may have a claim against them.
  2. Did you suffer injuries as a result of the accident? To have a valid claim, you must have suffered injuries caused by the incident. This can include broken bones, sprains, strains and other types of injuries.
  3. Was the accident preventable? If the other party had taken reasonable steps to prevent the accident and it could have been avoided, you may have a claim.
If you believe that your accident meets some or all of these criteria, speak with our team as soon as possible to discuss your case and explore your legal options. We can help you understand your rights and determine if you have a claim to pursue fair compensation.

The most common causes of slip and fall accidents are the loss of traction. Hazards such as ice or snow are also leading causes.

If you have slipped on a wet floor in a store, restaurant, or business and there were no hazard signs put up, you can claim compensation. The third party could be liable for your injuries because they did not provide a warning of the risk.

The length of time you have to file a slip and fall injury claim can vary depending on the circumstances, including where you fell. Each potential scenario has a limitation period. The limitation period in Ontario, for example, is generally two years from the date of the accident. It’s important to note that there are some exceptions and special rules that can apply. For example, the limitation period may apply differently for children or those who are physically or mentally unable to pursue a claim.

The time it takes for a slip and fall accident case to resolve from start to finish can be anywhere from a few months to a few years, depending on the exact circumstances of the case, such as the severity of your injuries and the complexity of the legal issues involved. While this timeline is sometimes hard to predict, during your free consultation, we can provide you with an estimate of how long we believe your case may take to resolve, but this is not set in stone.

In most cases, slip and fall cases can be resolved through settlement negotiations outside of court. However, if a fair settlement cannot be reached, we are prepared to take your case to trial to advocate for your rights and secure the compensation you deserve.

If your slip and fall accident was partially your fault, you may still be entitled to compensation. During your free consultation, we can evaluate the specifics of your case and advise you on your legal options.

If the at-fault party denies responsibility for your accident and injuries, filing a lawsuit to hold them accountable may be necessary. We have the expertise to do this on your behalf and pursue the fair compensation you’re entitled to.

The compensation you may receive for your slip and fall injuries depends on various factors, like the severity of physical damage, the impact on your daily life, and the property owner's negligence. Since each slip and fall accident is unique, we take the time to fully understand the impact of what has happened to you and ensure we seek fair compensation to help support you during this difficult time.

Yes, you can file a slip and fall injury claim against a municipality if their negligence caused your injuries. However, there may be additional notice requirements and deadlines that you must comply with. We can help you navigate these unique legal issues.

We are personal injury lawyers who understand, who care, who are here to help… and our track record proves it.
We can’t change the past but we are the lawyers that can help change your future.