A wet floor or a snowy public walkway can be the cause of a
serious slip and fall injury. Ontario law recognizes that property owners must
exercise a certain reasonable duty of care to ensure the safety of anyone who
enters the premises. Slip and fall accidents can happen in another person’s
home, store, place of business, or on public property. The owner of the
property is liable for the premises, but in cases where the plaintiff is
injured on public property, the municipality or city can be held accountable,
as they are responsible for the upkeep of public property, including the
maintenance of sidewalks and walkways.
In the event that you or a loved one has become injured in a
slip
and fall accident, it is possible to recover compensation for general
damages such as medical expenses, pain and suffering, the loss of income, and
emotional distress caused by the incident. Slip and fall accidents can occur
anywhere – in nightclubs, parks, shopping centres, grocery stores, restaurants,
and more. Depending on the place of the accident, proper signage should be in
place encouraging attendants to watch their step or to be careful because the
floor is slippery when wet.
Pursuing a Claim
When pursuing a personal injury claim against a property
owner, you should seek medical attention early and document your recovery
process as thoroughly as possible. Ontario law dictates that a slip and fall
claim must be made within two years of the accident. Given that there is much
time between the time of the accident and the pursuit of a claim, it becomes
increasingly important to not only document your injury, but the scene of the
accident as well, in order to strengthen the evidence that negligence was
present without a shadow of a doubt. Taking a picture of the hazardous area and
the injuries you may have sustained during the fall can be more than enough
evidence to prove that the property owner was liable for the injuries caused.
The two-year time period does not apply to all cases. In some cases, you may be
required to notify the at-fault party that you intend on pursuing a claim
within seven days. In the event that you fall on public property that is under
the jurisdiction of the city or the municipality, you will have seven days to
notify them of the accident; otherwise, you will be unable to file a claim
against them.
When pursuing a claim for a slip and fall injury in Ontario,
it is important to file your claim in a timely manner. Complacency in filing
your claim, seeking medical attention, or documenting your recovery process can
hurt the validity of your claim in court. Sufficient evidence must be present
in order to ensure that you receive the damage settlement In which you are
entitled to. Liability claims can become very complex in a short amount of time;
therefore, it is best to seek out legal advice when you decide that your claim
might be something worth pursuing.