Slip and Fall Accidents
Ontario Slip and Fall Lawyers
Slip and Fall incidents are so common that they may feel like an everyday event, with over 42,000 Canadians suffering from a fall in 2016. Moreover, sometimes these incidents leave the victims with injuries that will remain for the duration of their life, which is the reason occupiers of commercial establishments, government properties, and residential homes all have a responsibility to keep up their premises safe for visitors and members of the public.
Common reasons for these accidents include but are not limited to:
- Slippery floors
- Potholes in parking lots
- Weather conditions such as ice and snow
- Nursing home accidents
- Clutter walkways
- Defective stair railings
- Improper footwear
- Cracked, defective, or broken sidewalks
If you were injured in a Slip and Fall accident on another’s property, you could bring a lawsuit against the occupiers who did not uphold their duty to keep the area free of hazards. Even though most individuals will walk away from a Slip and Fall with minor injuries, sometimes injuries that do result can be severe. The most common types of Slip and Fall injuries that require immediate medical attention include:
- Broken/fractured bones
- Traumatic brain injuries
- Broken hip and or pelvis
- Paralysis
- Internal bleeding
- Torn ligaments and tendons
Slip and Falls: Gathering Evidence and Making the Case
- The negligence of owners or occupiers can have severe physical, emotional, and financial repercussions for injured victims of a Slip and Fall accident. To capture compensation that the client deserves, one must provide sufficient compelling evidence. Evidence such as the location of the fall, including any obstructions and hazards, must be collected immediately. Moreover, the owner and occupier of the property, where the fall occurred, must be put on notice. Notice requirements also apply to government-owned property.
- At Juzkiw Law, our team will perform the behind-the-scenes tasks to gather physical evidence and witness statements to benefit your claim. As your lawyers, we will build a strong evidence-based foundation for your case to secure maximum compensation from the negligent property owner or occupier’s insurance company. Our competency and passionate advocacy are an asset to clients as they seek redress for injuries sustain by a Slip and Fall. Results that matter.
Shortened Limitation Period
- The Ontario government has passed Bill 118, amending the Occupier’s Liability Act to significantly shorten the claim period for Slip and Fall injuries. Claimants must now provide notice to defendants of a claim within 60 days of the incident. Previously, plaintiffs had up to two years from the date of the incident to provide notice of a claim. Therefore, it is important for an injured party to obtain all the necessary information to provide notice of a claim as early as possible after a Slip and Fall injury.
- Bill 118 does allow exceptions to the new 60-day limitation period. Specifically, in cases where a person has died as a result of their injuries. In claims for wrongful death as a result of a Slip and Fall due to poorly maintained ice and snow, plaintiffs will continue to have a two-year period to provide notice of their claim.
- Further exemptions from the new time limitation may be allowed as per clause s.6.1(6) of the Occupier’s Liability Act that states a judge may waive the limitation period if they find “there is reasonable excuse for the want, or the insufficiency of the notice and that the defendant is not prejudiced in its defence”.
Serving Ontario: Slip and Fall Lawyers
- A Slip and Fall claim is time-sensitive, and therefore contacting a lawyer as soon as possible after the accident will help ensure your rights are protected. Our Ontario Slip and Fall lawyers offer a free initial consultation to discuss the merits of your case. We will also visit you if you are unable to come to see us. Feel free to contact us online or call us at 416-290-5055.
Tab: 42,000 Canadians sustained falls in 2016 located at ccohs.ca (Canadian Centre for Occupational Health)