The Fall Might Not Have Been Your Fault
Owners and occupiers of property in Ontario hold a responsibility to keep that property safe and reasonably free of hazards. This obligation extends to private homeowners, business establishments and municipal governments. If an owner or occupier fails to take proper care, injury can result to a visitor, patron or passerby.
If you have suffered an injury, you do not need to suffer the effects without assistance. The lawyers at Alam Law Firm in Mississauga can help. While a slip-and-fall claim can be a challenging legal endeavour, everyone who has been hurt has the right to seek legal advice. Our lawyers will let you know where you stand and what we can do to help.
Alam Law Firm is a team of experienced lawyers that wants to help you win your case.
Documenting And Assessing The Hazard
Slip-and-fall claims must be filed quickly, both to preserve the evidence and to meet legal deadlines. If you have fallen on city property, you may have only a matter of days to file. Documenting the condition of the area in which you fell and contacting our law firm right away will help your chances for a successful legal claim.
Cellphone pictures, videos, and the names and numbers of any witnesses are all valuable pieces of potential evidence. Our FAQ page on slip-and-fall cases has more information.
A trip-and-fall accident can be the result of any number of hazards. Property conditions that can lead to a serious injury include:
- Unstable store displays
- Store spills, including wet floors from cleaning, fallen produce or liquids
- Broken or unstable staircases
- Uneven flooring
- Poor lighting in staircases and hallways
- Icy sidewalks
If you are recovering from a slip-and-fall injury, our lawyers can help. We will assess what happened, how you were injured and whether you may be able to advance a legal claim for personal injury. We will be your advocates throughout legal proceedings.
Slip-And-Fall Claims - FAQs
|1. What is occupier's liability?|
|2. I have been injured on someone else's property. What should I do?|
|3. Should I take any photos?|
|4. What duty of care does a property owner have?|
|5. How will it be determined that I have a case?|
|6. What are the legal elements of Occupier's liability?|
|7. What other damages are recoverable in a premises liability case?|
|8. Should I hire a personal injury lawyer?
1. What is occupier's liability?
Occupier's liability refers to the body of law which holds a landowner and/or possessor of property liable for injuries to others sustained on their property, like a slip-and-fall incident.
2. I have been injured on someone else's property. What should I do?
First, immediately make provision for your safety and health. If you are injured, make sure that you seek medical attention. If you are able, try to obtain the following information and immediately consult a personal injury lawyer:
3. Should I take any photos?
Yes. The condition of the premises at the time of the injury will be a pivotal issue in resolving any claim and photos can document that condition. Also, take photos of all physical injuries you have sustained (such as bruises, scrapes, lacerations, etc.).
4. What duty of care does a property owner have?
This will often depend on whether the person on the property was a business invitee, a social guest or a trespasser. A business invitee is on the property by invitation and usually for mutual economic benefit. A social guest is on the premises by invitation and not for any economic benefit. A trespasser is on the premises without permission. Generally, property owner's duty of care is the highest with a business invitee while the lowest duty of care is to a trespasser.
5. How will it be determined that I have a case?
If the following can be proved, you may be able to file a successful lawsuit:
6. What are the legal elements of occupier's liability?
The injured party must prove that the defendant was negligent toward them. It must be shown that the landowner/occupant possessed the premises at the time of the accident and that they had control of the premises, and control of the condition thereof.
7. What other damages are recoverable in a premises liability case?
Generally, a plaintiff will be able to recover all economic damages (income loss and medical and other expenses etc), incurred resulting from the occurrence. Many times noneconomic damages are also awarded (i.e., pain and suffering, loss of enjoyment of life, inconvenience, etc.).
8. Should I hire a personal injury lawyer?
Yes. If you have been injured in a premises accident, including a slip-and-fall accident, it is advisable to immediately consult a personal injury lawyer. The insurance company for the property owner is not your ally regardless of how cooperative or friendly it may seem. That insurance company has lawyers and other resources to try to defeat any claim you assert. In order to be on equal footing, you need to have an injury lawyer on your side. Early consultation with a personal injury lawyer can also help your case in that your lawyer may be able to help investigate and document your case. Sometimes a delay results in witnesses and evidence disappearing or becoming more difficult to obtain. The opposing insurance company will be aggressively investigating your case and you need someone doing the same for you. Please contact our firm to schedule your free initial consultation.
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