Slip and Fall Injuries
If you or someone you love has suffered an injury due to a slip and fall on public or private property, it is important that you notify the owner or municipality immediately. Canadian law allows limited reporting times (depending on the date of the accident), to file a complaint. Be sure you preserve your rights by reporting any accident as soon as it occurs.
If you think your injury is the result of someone else's negligence, we can help you to assess whether or not you have the potential for a successful lawsuit against the at-fault party. We work co-operatively and will tailor a team of experts to meet the specific needs of your case. A member of our team will always be available to speak with you and keep you informed every step of the way.
The Law on Slip and Fall Accidents
There is a statute called Occupiers Liability Act ("Act") that governs the responsibilities of the "occupiers" of a property to individuals entering onto their property.
The Act defines "occupier" as "occupier" includes,
(a) a person who is in physical possession of premises, or
(b) a person who has responsibility for and control over the condition of premises or the activities there carried on, or control over persons allowed to enter the premises,
Duty of the "Occupier"in regards to a slip and fall accident
The Act states that "an occupier of premises owes a duty to take such as in all the circumstances of the case is reasonable to see that persons entering on the premises, and the property brought on the premises by those persons are reasonably safe while on the premises".
The occupier is not an absolute guarantor of safety for all visitors entering onto its premises. The reasonability of the occupier is only to take "such care as in all the circumstances of the case is reasonable".
Often, we look to the custom and practice of the industry to determine if "occupier" is following those customs and taking all the appropriate measures to ensure that the premises are safe for visitors.
You need to look at the totality of the all circumstances of the particular property (i.e. home catering to disabled people v. general store)
Burden of Proof in a slip and fall accident
To prevail in a slip and fall case, an individual must establish that, on the balance of probabilities, their injury was caused as a result of a breach of the "occupier's" duty under the Act.
The individual must establish that a condition existed on the premises which created an unreasonable risk of harm.
The individual must show that the "occupier" knew or should have known of the hazard in time to reasonable abate the hazard or reduce the risk of injury by appropriate warning.
The individual must also show that the harm occurred while the property was being used in a reasonably foreseeable manner.
The law is very fact-driven and one needs look at all of the circumstances in determining whether an "occupier" is liable for an injury suffered by a visitor to its premises.
Contact David Hollingsworth, Ottawa Personal Injury Lawyer who specializes in personal injury law to review the circumstances in your slip and fall accident, protect your rights and determine if you have a claim for your injuries.
Damages for injuries as a result of a slip and fall accident
A individual may be entitled to general damages for pain and suffering and special damages for injuries occurred as a result of a slip and fall accident. Unlike motor vehicle accidents, there is no threshold for injured persons to meet and there is no deductible to reduce the damages.
There are many types of damages available to injured victims of slip and fall accidents which include:
- Non-pecunairy general damages (damages for pain and suffering and loss of enjoyment of life and loss of amenities)
- Loss of income and loss of future income
- Loss of competitive advantage
- Loss of household and handyman capacity
|Call David Hollingsworth, Ottawa Personal Injury Lawyer !
(613)-237-4922 ext 203 or (613) 978-9549
or e-mail firstname.lastname@example.org to speak with David directly.
I have rarely met with a client who is receiving the full amount of benefits that he or she needs and that he or she is entitled to following an accident, without the help of a personal injury lawyer. If you are injured, you owe it to yourself and to your loved ones to get every benefit to which you are entitled, so that you can get back to being the person you were before the accident. That’s what insurance is for. Don’t sell yourself or your family short. Let me help you…