Slips & Falls
Slips, trips and falls are usually a minor inconvenience, but sometimes you can sustain serious, life- changing injuries ranging from broken bones to head injuries. They are no less worrisome than automobile accidents and injuries.
Were you just careless and unlucky that you fell, or was there negligence? The website, AllOntario reports that thousands of claims are made every year as a result of personal injury accidents.
When negligence is involved, you need the professional help of a personal injury lawyer. There are two key areas of liability:
Owner’s Liability and Occupier’s Liability
Not only the property owner, but the occupier of the premises has a responsibility to maintain the property so as to minimize the hazards that can cause you injury. Section 3 of the Occupiers’ Liability ActR.S.O. 1990, c. O.2 reads as follows:
An occupier of premises owes a duty to take such care 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. https://www.ontario.ca/laws/statute/90o02
A common example of an occupier is a storeowner renting space from a landlord. Both may be liable for maintaining the property. Did you trip because of a crack in the floor or the sidewalk concrete? Was the lighting so poor that you couldn’t see where you were going? Was the floor wet with no caution signs to warn you, or no safety handrails to grab? Liability might be that of the owner or the occupier or they might share in the negligence, depending on circumstances.
There is a legal responsibility for both private and municipal bodies to be proactive in protecting people from hazards. Failure to do so, resulting in your personal injury, makes them liable. Consider that sustaining broken limbs, for example, in addition to causing pain, can result in loss of income and incurred medical and rehabilitation expenses.
Should slip and fall:
- If possible, take note of the conditions and situation that caused the accident
- Get medical help if needed, especially if you sustained a head injury. Do not take chances
- Get legal advice as soon as possible. Call us at Mayfair Law Group so that we can help you.
Naturally, we hope for the best outcome, that there is a speedy recovery from any injury and that life quickly returns to normal. Should you sustain a more serious injury with extended healing time and medical treatment, you might need long term medical and rehabilitation care as well as compensation for lost income or expenses.