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7 Steps to Take After a Slip and Fall Accident in Ontario

  • Occupiers' Liability, Personal Injury
Picture of Ron Strike

Ron Strike

Ron is Counsel to Davidson Cahill Morrison LLP. He has successfully litigated numerous catastrophic injury cases at local, national and international levels. He has represented seriously injured clients for over 40 years and lectured extensively on personal injury issues.
Image of slippery floor with warning sign with title of the blog post

Introduction

In my over 40-year career representing personal injury clients, I can tell you that slip and fall accidents are far more common than most people realize. Thousands of Ontario residents find themselves dealing with the aftermath of such incidents each year. Understanding the legal aspects of these accidents is crucial for ensuring you get the compensation you deserve. In this blog post, I will walk you through everything you need to know about slip and fall accidents in Ontario, from what constitutes such an accident to the steps you should take immediately after one occurs.

What Constitutes a Slip and Fall Accident

A slip and fall accident occurs when someone trips or slips due to hazardous conditions on someone else’s property. Under Ontario law, these incidents fall under premises liability cases. Common scenarios include slipping on wet floors, tripping over uneven surfaces, or falling due to poor lighting. Each of these situations can lead to serious injuries, making it essential to understand your rights and responsibilities.

Types of Injuries from Slip and Fall Accidents

I have seen all kinds of slip and fall injuries in my career, ranging from relatively minor cuts and bruises to life changing disability and even fatalities.

Common injuries include sprains and fractures, particularly in the wrists, ankles, and hips, which often occur when a person tries to break their fall. Head injuries, ranging from concussions to more severe traumatic brain injuries, can also occur, especially if the victim strikes their head on a hard surface. Additionally, spinal injuries may arise, leading to long-term complications or impaired mobility. Soft tissue injuries, such as bruises and lacerations, are common as well and can result in significant pain and discomfort. Understanding the potential injuries from slip and fall accidents underscores the importance of seeking immediate medical attention following such incidents.

The Legal Implications

Property owners have a legal obligation to ensure their premises are safe for visitors. This includes regular maintenance and promptly addressing any hazards. Negligence is a key factor in these cases; if a property owner fails to meet these responsibilities, they could be held liable. Determining negligence involves examining whether the property owner knew or ought to have known about the hazard or potential for a hazard and failed to address it within a reasonable timeframe.

7 Steps to Take After a Slip and Fall Accident

  • Seek Medical Attention: Ensure that your injuries are properly assessed and documented by a healthcare professional.
  • Notify Property Owner/Manager: Report the incident to the appropriate authority and ask for an official accident report.
  • Document the Scene: Take photographs of the location where the accident occurred, including any hazards that contributed to your fall.
  • Gather Witness Information: If there were any witnesses to the accident, obtain their contact details for potential statements later.
  • Record Details of the Incident: Write down your account of what happened while the details are still fresh in your mind.
  • Avoid Discussing Fault: Do not admit fault or make statements that could be interpreted as blaming yourself during initial conversations about the incident.
  • Consult a Personal Injury Lawyer: Consider seeking legal advice to understand your rights and explore options for pursuing a claim if necessary.

Timelines and Deadlines for Filing a Claim

In Ontario, the statute of limitations for filing a personal injury claim is generally two years from the date of the accident. However, there are some notice period requirements, particularly if the accident occurred on municipal property. Some of these notice periods could be as short as a week.

Missing these deadlines could result in losing your right to seek compensation, so it’s crucial to act promptly. You should feel free to contact me for more information about a potential limitation period for a slip and fall accident.

How I Can Help

Navigating the legal complexities of a slip and fall accident can be daunting. This is where an experienced personal injury lawyer like myself comes in. I can help gather evidence, negotiate with insurance companies, and represent you in court if necessary. The expertise of your lawyer can significantly increase your chances of receiving fair compensation. Don’t underestimate the value of legal representation, especially when dealing with insurance adjusters.

Conclusion

Slip and fall accidents can have life-altering consequences, but understanding your rights and the legal process can help you secure the compensation you deserve. If you’ve been involved in such an accident, don’t hesitate to contact me for legal advice. I can guide you through the complexities of your case and help you achieve a favorable outcome. Contact Davidson Cahill Morrison LLP today for a free consultation and take the first step towards protecting your rights.

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