Slip and Fall
SLIP AND FALL INJURY LAWYER IN OWEN SOUND
Winters in Ontario can be harsh and sometimes dangerous, too, for pedestrians. When property owners neglect their duty of maintaining their sidewalks and driveways, mishaps occur. In summer, falls can happen due to wet surfaces, spills or uneven surfaces. No matter the season or circumstance, many of these types of incidents could be avoided if proper care is taken on behalf of the property owner. If you have suffered injuries due to the property owner’s negligence, Tamming Law can help you get the claim for it. Our team in Owen Sound & Collingwood has the expertise and knowledge to advise you on the available options if you have sustained serious injuries.
CAUSES OF SLIP AND FALL INJURIES
Slips and falls can be caused by several factors such as:
• Occupational Hazards: People working in the kitchens, construction sites and factories are prone to slip and fall due to the nature of their work
• Environmental Conditions: Bright light reflecting on shiny floors can cause glare, thus making it difficult to see the debris or obstacles that lie ahead
• Surface Conditions: Unconducive surfaces such as recently mopped floors, loose tiles and torn carpets, might lead to slip and fall accidents
TYPES OF INJURIES INCURRED
• Common slip and fall injuries include:
• Fractures and sprains
• Head injuries, including seizures, a minor concussion and cognitive impairment
• Shoulder injuries
FREQUENTLY ASKED QUESTIONS
Question: If I am injured in a slip and fall accident in a store, will I receive compensation?
Answer: Depending on the facts of your case, it will be determined whether you can recover damages from a store or not.
Question: What are recoverable damages?
Answer: Types of damages that can be claimed for a slip and fall include:
- • Disability and decreased earning capacity
- • Pain
- • Loss of a loved one
Question: How long will the slip and fall settlements take?
Answer: Settlement time depends on the case. It might take from a few months to a few years.
LIABILITY: WHO IS AT FAULT?
In general, a landowner or contractor need only use reasonable efforts to maintain his sidewalk, floor or whatever other surface you slipped and fell upon. In the case of a fall upon property owned by a town or other municipality, it can be more difficult to prove that its lack of maintenance was seriously negligent – the law generally imposes higher standards of maintenance upon private landowners.
What do we mean by “maintenance”? Anything from ensuring that a supermarket floor is clear of hazards to applying proper amounts of sand and salt along the entrances to doorways. The defendant is not expected to be perfect in its maintenance of premises – only ‘reasonable’. So, for example, if a landlord can produce a schedule which shows that his employee sanded and salted the area you fell in a regular and reasonable manner, there is a real risk that the landlord will not be found liable for your injuries.
There is also a risk of ‘contributory negligence’. If you slip on black ice which is all but invisible and if the landowner admits that he made no effort to maintain the sidewalk, he will be in most cases 100% responsible for your injuries. If, however, you saw or ought to have seen that there was white ice, and you were running or wearing improper footwear, our team will start to discuss with you whether we need to admit that you contributed in part to your own injuries. If your claim would otherwise be worth $50,000 and we have to admit a 15% contributory negligence, your claim would drop by that amount.
Some clients object to any discussion that they may have partly been to blame for their injuries; we assure you, however, that many courts find injured persons at least partially to blame for the fall and there is nothing wrong with admitting any role you may have had early in the process to ease settlement discussions.
HOW CAN YOU ASSIST WITH PROVING THE FAULT OF THE DEFENDANT IN A SLIP AND FALL CASE?
- Take photographs of the precise area you fell, marking the spot you slipped on the face of the photograph. Date the photographs on the reverse and indicate who took the photograph;
- Preserve and store in a secure place the footwear you had on at the time of the fall (do not use the footwear until the file is over);
- In a short statement describe a) the condition of the spot where you slipped and fell; b) your personal observations, if any, about past maintenance of this spot; and
- Provide to us 2 or 3 statements from witnesses, if possible, commenting on either or both of the issues raised in 3 (a) and (b).
To get compensation for your medical bills, reach out to Tamming Law in Collingwood, Owen Sound or Port Elgin. We will fight to get you the compensation that you are entitled to.